A sentencing judge who erroneously focuses on the importation offence rather than the possession offence charged commits an error inconsistent with R v Olbrich, but the appeal will be dismissed under s 6(3) of the Criminal Appeal Act 1912 (NSW) if the sentence imposed is not shown to be more severe than warranted. In applying the parity principle, a co-offender's sentence supports rather than undermines the sentence where the applicant's role was found to be appreciably higher than that of the co-offender.
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