Offences of attempting to export native specimens under the EPBC Act will normally attract full-time custodial sentences. The Court identified a non-exhaustive list of factors relevant to assessing objective gravity of wildlife export offences, including the offender's role, motivation, sophistication of the enterprise, aggravating features such as cruelty, number/value/rarity of specimens, and actual or potential harm to the environment. A sentence approaching the statutory maximum for a hindering offence (s 149.1 Criminal Code) cannot stand where no worst category finding is made and there is a strong subjective case.
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