Section 68A of the Crimes (Appeal and Review) Act 2001 (NSW) applies to prosecution appeals against sentences for Commonwealth offences. It removes only the presumption of double jeopardy distress, not the ability to adduce actual evidence of anxiety and distress under s 16A(2)(m) of the Crimes Act 1914 (Cth). When assessing manifest inadequacy of sentences for federal drug importation offences, the Court must have regard to comparable sentences from other parts of the country, not just the sentencing jurisdiction. The quantity of drug imported is a significant factor but does not dictate the sentence.
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