The culpability of an offender convicted of attempted possession of a prohibited drug with intent to sell or supply must be assessed by reference to all facts and circumstances, and ordinarily there is no material difference in culpability between an attempt and a completed offence where law enforcement intervention prevented completion. The essence of criminality in dealing fake drugs believed to be prohibited drugs lies in the offender's belief and willingness to deal, though some leniency may be extended for the reduced community impact. Personal circumstances remain subsidiary considerations in sentencing for drug dealing offences.
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