Current sentencing practice for mid-range offending of cultivation of a commercial quantity of narcotic plant in Victoria is inadequate and sentencing courts should, by increments, increase sentences for such offending. The deportation mitigation principle from Guden v The Queen may not apply to offenders who are illegal immigrants with expired visas, as distinct from offenders with existing visas. An intermediate appellate court's jurisdiction to correct current sentencing practice is not limited to cases where the issue is determinative of the appeal, nor to Crown appeals, provided the issue is a live issue between the parties.
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