Recklessness as to the nature of a border controlled drug under s 307.1(2) of the Criminal Code (Cth) does not mitigate moral culpability; the legislative scheme treats reckless and intentional importers identically. A sentence of 3 years and 2 months for importing 1.61 times the commercial quantity of heroin was manifestly inadequate even accounting for the offender's role as a naïve courier-dupe. The residual discretion to dismiss a Crown appeal will not be exercised where the sentence is so inadequate as to countenance an erosion of sentencing standards, even where there has been significant delay and the offender has completed the non-parole period.
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