When sentencing for drug trafficking offences subject to the 80% non-parole period under s 5(2) of the Drugs Misuse Act 1986 (Qld) and s 182A of the Corrective Services Act 2006 (Qld), the trafficking sentence must be structured to be served first if other sentences are to be cumulative, so that the parole eligibility date falls at or after 80% of the trafficking term. Making the trafficking sentence cumulative upon other sentences may result in the parole eligibility date falling below the 80% threshold of the trafficking term, rendering the order non-compliant with the statute. A five-year head sentence for trafficking in methylamphetamine at wholesale and retail level over six months, with the operation managed from prison, is within range where the 80% non-parole period is taken into account in tempering the head sentence.
The full text is available to signed-in members, including the 1 later case that cites this judgment.