A sentence of 6 years 6 months (non-parole period 3 years 9 months) for attempting to possess 825.7g pure heroin (412 times the marketable quantity) was upheld as within the range of a sound exercise of sentencing discretion. The interaction between s 68A of the Crimes (Appeal and Review) Act 2001 (NSW) and the Judiciary Act 1903 (Cth) for Commonwealth offences remains unresolved, with Allsop P identifying several difficulties with the approach taken in R v Talbot [2009] TASSC 107.
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