When sentencing for importation of a marketable quantity of a border controlled drug, the court must consider where the quantity falls within the full spectrum of marketable quantity (from the threshold to the commercial quantity), not merely how many times the threshold is exceeded. A sentence of five years' imprisonment with a three-year non-parole period for importing 120 grams of a border controlled drug (where the marketable quantity threshold is 2 grams and the commercial quantity is 2 kg) was set aside and replaced with three years and one day imprisonment with a two-year non-parole period.
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