In sentencing for supply offences under the Drug Misuse and Trafficking Act 1985 (NSW), the quantity of the substance containing the drug (not its purity) is relevant to the objective seriousness of the offence, and the principles in Wong v The Queen regarding the limited significance of drug weight in Commonwealth importation offences do not apply to State supply offences. The role of the offender, while important, is not the sole or even principal determinant; the quantity of drug and the offender's knowledge of that quantity are also significant factors. Disparity does not arise from different sentences based on different factual findings by different courts.
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