The sentencing categories for Commonwealth drug importation offences set out in DPP (Cth) v De La Rosa are not binding and should be used only as general guidance and assistance. A sentencing judge is not bound to make a finding of duress merely because uncross-examined affidavit evidence of threats is tendered; the assessment of what motivated the offender depends on the judge's evaluation of the offender's own evidence and credibility. Courts should be astute not to permit general deterrence in drug importation cases to be diluted by claims of threats or intimidation.
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