For drug possession offences under s 233B of the Customs Act, the quantity of drugs, even if very large, is insufficient alone to characterise the offence as being in the worst category warranting the maximum penalty. The sentencing court must also have evidence establishing the offender's role and level of participation in the criminal enterprise. Evidence of involvement in importation arrangements may be taken into account as context evidence to elucidate the nature of the possession offence, but not as aggravation in a manner that would offend the De Simoni principle. Where evidence does not permit differentiation of co-offenders' roles, a finding of greater culpability against one offender is not open.
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