Financial reward should not be treated as an aggravating factor under s 21A(2)(o) for offences of commercial supply of prohibited drugs, as it is an inherent characteristic of the offence already reflected in the maximum penalty. The standard non-parole period post-Muldrock is a marker of offence gravity but not a measure of appropriate punishment or a number in the calculation of sentence. The question whether s 6(3) of the Criminal Appeal Act 1912 permits consideration of sentences not under appeal when determining whether a lesser sentence is warranted remains unresolved, with the court divided on the issue.
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