Following the repeal of s 16G of the Crimes Act 1914 (Cth), sentencing courts have no power to continue applying the one-third discount formerly required for federal offenders in jurisdictions without prison remission systems. The established sentencing range for federal offences (including drug importation under s 233B of the Customs Act) reflected the s 16G discount and must be understood in that context; courts should determine the appropriate sentence by applying relevant sentencing principles without regard to the former operation of s 16G. The approach in R v Speer, which suggested a sentencing judge had a discretion to apply the former discount, should not be followed.
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