Where co-offenders in a joint criminal enterprise face differently structured charges and one has offences on a Form 1, a straightforward comparison of sentences is not possible, and the sentencing judge has a broad discretion in determining the appropriate differentiation. A sentence for supply of a commercial quantity of MDMA (218.5g) with supply of 10.5kg of cannabis on a Form 1, resulting in a non-parole period of 3 years 6 months (total 5 years 6 months) after a 25% plea discount, was within the permissible range for a knowing participant who drove from Newcastle to Adelaide to collect the drugs.
The full text is available to signed-in members.