The starting point of five years' imprisonment for trafficking in a large commercial quantity of methylamphetamine is manifestly inadequate; sentencing courts must have regard to the scaled hierarchy of maximum penalties introduced by the 2007 amendments, which generally result in longer terms of imprisonment for greater quantities. The sentencing ranges in Mangelsdorf require upward revision. However, a Crown appeal against an inadequate sentence may still be refused where the defendant has been released into the community and has made significant progress towards rehabilitation, as the residual discretion to refuse permission on double jeopardy grounds remains available under s 340.
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