Section 4 of the Drug Misuse and Trafficking Act 1985 (NSW) (the admixture provision) is an interpretation provision that alters the elements of offences under that Act but does not circumscribe the sentencing discretion. A sentencing court is entitled and required to have regard to the purity of an admixture when assessing objective seriousness under s 21A(1)(c) of the Crimes (Sentencing Procedure) Act 1999 (NSW). In parity cases involving co-offenders charged on different bases (admixture weight vs pure drug weight) for the same criminal enterprise, the sentencing court may look behind the indictment figures to the underlying facts.
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