Where s 5(2) of the Drugs Misuse Act 1986 (Qld) applies to require 80% minimum service for trafficking in Schedule 1 drugs, the sentencing judge should adopt an integrated approach (instinctive synthesis) to the question of suspension and the applicability of s 5(2), rather than a two-step approach. It is appropriate to moderate the head sentence to the lower end of the available range to account for the harsh effect of the mandatory minimum. The established sentencing range for low-level trafficking in methylamphetamine is three to five years imprisonment. An offender's poor performance on probation and limited rehabilitation prospects may properly support a refusal to suspend the sentence, thereby engaging the mandatory 80% minimum service requirement.
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