When sentencing for offences under s 164 of the Drugs of Dependence Act 1989 (ACT), the quantity of drugs exceeding the trafficable quantity under the Criminal Code cannot be taken into account as an aggravating feature (applying De Simoni), but within the permissible range, quantity and purity remain relevant to objective seriousness. The sentencing principles from Bui v The Queen (concerning trafficking under the Criminal Code) may be applied to s 164 offences. In the ACT, non-parole periods commonly fall within 50%–70% of the total sentence, and a non-parole period at the higher end of that range is not necessarily erroneous even for a first-time prisoner.
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