A sentence of 3 years 4 months' imprisonment for manufacturing 12.09 grams of DMT for personal use, where a child was endangered, is not manifestly excessive given the maximum penalty of 25 years. The inherent danger of the manufacturing process, including risk to bystanders and emergency personnel, is a significant element of the criminality of drug manufacturing offences regardless of the specific drug involved. There are no appellate decisions establishing sentencing patterns specifically for DMT manufacturing, so the sentence must be assessed by reference to the maximum penalty, general principles, and the circumstances of the particular case.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.