When sentencing for quantity-based trafficking offences under ss 71, 71AA and 71AC of the DPCS Act, the relative harmfulness of the drug of dependence is an irrelevant consideration. The sentencing hierarchy is based solely on the quantity of the drug trafficked. Sentencing judges cannot bring to bear any view about the general tendency of the drug to cause harm, whether to users or the community. However, harm caused by the particular conduct of which the offender has been convicted remains relevant. This represents a change from the conventional understanding that relative drug harmfulness was a relevant sentencing factor.
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