Failure to comply with the Pearce principle of individual sentencing for multiple offences, combined with imposition of a sentence exceeding the statutory maximum, will almost inevitably require re-sentencing on appeal. The seriousness of a drug supply offence is to be evaluated by reference to the statutory regime and maximum penalty, not by distinguishing between drug types according to perceived dangerousness. Where the legislature has fixed the standard non-parole period significantly above pre-existing sentencing levels, sentences for post-commencement offences will inevitably increase.
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