When sentencing for attempted possession of an unlawfully imported drug, the sentencing judge may and should consider the offender's involvement in the overall drug importation enterprise to determine the degree of moral culpability. A combined discount of more than 40% for guilty plea and assistance to authorities will not readily be available absent evidence that the offender will serve the sentence in harsher conditions as a result of the assistance given. Historical sentence comparisons for Commonwealth drug offences must account for the effect of the now-repealed s 16G of the Crimes Act 1914 (Cth), which required a reduction of approximately one-third in NSW.
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