Where a sentencing judge finds that a drug importation offence was brought about by threats and actual violence falling short of duress, the objective gravity of the offence is reduced but a significant period of imprisonment remains inevitable for commercial quantities of heroin. The same head sentence may be imposed on co-offenders charged with different statutory offences (commercial vs trafficable quantity) where the difference in quantity was a matter of chance, with the disparity in culpability reflected in the non-parole period. Adams J's dissent provides a detailed analysis of how moral culpability should be assessed where an offender acted under threats falling short of duress.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
5 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.