Offences of offering to sell a prohibited drug do not necessarily attract lower sentences than completed sales or possession with intent to sell or supply; the seriousness must be evaluated by reference to all circumstances including the terms of the offer, whether it was isolated or part of ongoing supply, commercial motivation, intention and capacity to fulfil, and whether the offer was acted upon. The Court identified six specific factors relevant to assessing the seriousness of offering to sell offences. MDMA is to be treated as seriously as methylamphetamine, heroin and cocaine for sentencing purposes.
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9 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.