The standard non-parole period under Division 1A of the Crimes (Sentencing Procedure) Act 1999 (NSW) retains significance as a reference point or guide even after a sentencing judge determines that the offence falls outside the mid range of seriousness, and even where the offender has pleaded guilty. A sentencing judge who finds the offence falls outside the mid range must still use the standard non-parole period as an indicator of the appropriate sentence. The type of prohibited drug (cocaine vs methylamphetamine) is not a differentiating factor in assessing objective seriousness where the Drug Misuse and Trafficking Act prescribes the same maximum penalty and quantities for both drugs.
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