Under the quantity-based sentencing regime in the Criminal Code Act 1995 (Cth), while sentencing judges may not differentiate between drugs on the basis of perceived differences in harmfulness (Adams v The Queen), the anticipated financial reward from the importation remains a relevant sentencing factor going to objective gravity, moral culpability, and deterrence. An offender may mitigate culpability by establishing on the balance of probabilities that the importation would produce a relatively small financial return. The consistently lower sentences for GBL importation compared to drugs like cocaine and heroin are justified by the enormous reward differential.
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