Section 16A(2)(p) of the Crimes Act (Cth) 1914 must be construed consistently with the common law requirement of exceptional hardship before the effect on an offender's family can ameliorate an otherwise appropriate sentence. The ACT Court of Appeal's contrary approach in DPP v Ip is against the weight of authority. Evidence that an offender's adult child has assumed care of a younger sibling with support from extended family and community agencies, and is coping well, does not establish exceptional hardship. An offender's very low cognitive ability, while relevant to sentencing, does not necessarily reduce the weight to be given to general deterrence in drug importation cases.
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