In sentencing for drug trafficking offences, the harm (actual and potential) of particular conduct is a potentially relevant matter depending on the circumstances of each individual case. The propositions in DPP v Holder about the legislative scheme not distinguishing between distributed and undistributed drugs are analyses of the legislative scheme, not unqualified propositions to be applied mechanically in every case. Non-distribution of drugs is a factor that can be taken into account, though it will commonly carry very little weight.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
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