When sentencing for a drug possession offence, the sentencing judge may have regard to the offender's involvement in the overall transaction including importation, provided the focus remains on the culpability of the act of possession itself. The offender's role in the broader enterprise is relevant to assessing moral culpability for the possession charge, not as aggravation for an uncharged importation offence. Judicial Commission sentencing statistics do not constitute a tariff range and are of limited utility where culpability varies widely across cases.
The full text is available to signed-in members, including the 42 later cases that cite this judgment.
13 of the 42 citing cases carry a classified treatment. How each court treated it is available to signed-in members.