In sentencing for drug importation offences under Commonwealth law, the quantity of drug cannot be treated as the chief factor in determining objective seriousness; all matters in s 16A(2) of the Crimes Act 1914 (Cth) must be taken into account when setting the head sentence, and mitigation cannot be deferred entirely to the non-parole period. The obligation under s 16A(2)(h) is to consider the degree of cooperation with law enforcement, not merely the consequences of that cooperation. Where the Crown accepts pleas to alternative charges carrying the same maximum penalty, it must inform the sentencing judge whether lesser criminality is implied.
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