A sentencing judge must not make adverse findings of fact against an offender — such as a finding that the offender's role was greater than that conceded by the prosecution, or that the offender came to Australia for the purpose of criminal activity — without first giving the offender notice and an opportunity to address the proposed finding. Where a regulatory amendment has recently increased penalties for drug supply offences, sentences need not immediately increase to the full extent; the recency of the change is a relevant consideration in the transitional period.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
7 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.