Following the repeal of s 16G of the Crimes Act 1914 (Cth), the proper approach to sentencing for federal offences is to determine the correct sentence without taking into account that s 16G existed and has now been repealed, but if regard is had to pre-existing sentencing patterns, it must be understood that those patterns reflected a s 16G discount that is no longer applicable. There is no warrant to increase sentences by applying a mathematical formula (such as a 50% increase). The Wong and Leung guideline range for drug importation offences remains a useful reference point but must be understood in the context of the now-repealed s 16G discount.
The full text is available to signed-in members, including the 35 later cases that cite this judgment.
16 of the 35 citing cases carry a classified treatment. How each court treated it is available to signed-in members.