A sentencing judge must not treat a Form 1 possession offence as indicative of supply where the offender was charged only with possession, as this contravenes the De Simoni principle. A sentencing judge must explicitly state that a plea of guilty has been taken into account and address relevant considerations including the timing of the plea; failure to do so will generally indicate the plea was not given weight. The lodging of a notice of appeal under s 63 of the Crimes (Local Courts Appeal and Review) Act 2001 (NSW) stays the sentence, so an offender cannot be treated as being on a bond during the period of the stay.
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