The objective criminality of offences under s 25A of the Drug Misuse and Trafficking Act 1985 must be assessed by reference to the magnitude of the business operation, the number of occasions of supply beyond the statutory minimum of three, and the offender's role in the enterprise, measured against the 20-year maximum penalty. A discount of 25 per cent for a guilty plea entered shortly before trial, where the plea could have been entered months earlier, exceeds the proper exercise of sentencing discretion even where the trial would have been lengthy. Wholly concurrent sentences for multiple s 25A offences committed in successive months may be manifestly inadequate where they fail to reflect the enhanced criminality of sustained offending.
The full text is available to signed-in members, including the 36 later cases that cite this judgment.
5 of the 36 citing cases carry a classified treatment. How each court treated it is available to signed-in members.