A sentencing judge does not err by failing to apply principles governing the sentencing of mentally ill offenders where no submissions regarding those principles were made below and the evidence does not support their application. The weight of a prohibited drug, while not determinative of sentence, becomes more relevant where it is a matter within the knowledge of the offender. General deterrence remains a particularly important consideration in sentencing for drug importation offences.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.