Prior criminal record in sentencing under s 21A of the Crimes (Sentencing Procedure) Act is not properly characterised as an aggravating factor but rather as a factor depriving leniency, though imprecise language by a sentencing judge will not necessarily warrant appellate intervention if the sentence is otherwise appropriate. Sentencing statistics for one drug type (amphetamine) should not be used as guidance for a different drug type (ketamine) where the prescribed commercial quantities differ. A sentencing judge is not obliged to specify the discount granted for a plea of guilty.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.