The principles in ITA [2003] NSWCCA 174 requiring counsel to raise points at trial apply not only to summing-up directions but to all points during the trial, including objections to evidence. A person convicted of a mid-range drug offence (MDMA) is not entitled to a sentencing discount merely because the drug is considered less harmful than heroin or cocaine. Where a non-parole period would result in an offender dying in prison or having no productive life upon release, the non-parole period may be reduced even where the head sentence of life imprisonment is upheld.
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