A Crown appeal against sentence may be dismissed in the exercise of the Court's residual discretion even where the sentence is manifestly inadequate, if the sentence that would be substituted after discounts for double jeopardy, the respondent having been at large, partial service of the original sentence, and personal mitigatory factors would not be significantly different from the sentence imposed below. Trafficking in a commercial quantity of methyl-amphetamine will ordinarily require immediate imprisonment, and an Intensive Correction Order is inappropriate for such offences. However, a sentencing judge retains the right to extend mercy where rehabilitation prospects justify leniency, even in serious drug trafficking cases.
The full text is available to signed-in members, including the 47 later cases that cite this judgment.
6 of the 47 citing cases carry a classified treatment. How each court treated it is available to signed-in members.