A sentencing judge's characterisation of an offender's role in a criminal organisation as 'senior and trusted' must be supported by facts proved beyond reasonable doubt; where the proved facts only establish a 'warehouse service' role, characterising the offender as a senior member or 'Australian manager' of the organisation may constitute taking into account an adverse factor not proved to the requisite standard. A non-parole period representing 77 per cent of the total effective sentence may be manifestly excessive where the characterisation of the offender's role is overstated.
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