A sentence of imprisonment cannot be imposed for possession of a small quantity of cannabis for personal use where the maximum penalty under s 73(1)(b) of the Drugs, Poisons and Controlled Substances Act 1981 is five penalty units. Where such an impermissible sentence has been imposed, the Court of Appeal may exercise its power under s 280(3) of the Criminal Procedure Act 2009 to amend the sentence without granting leave to appeal. Significant prior convictions for similar drug trafficking offences, a greater role in the offending (as manufacturer and seller), a late guilty plea, and the absence of mitigating circumstances available to co-offenders are capable of justifying substantial differentiation in sentencing without infringing the parity principle.
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