An offence under s 25A of the Drug Misuse and Trafficking Act 1985 (NSW) is not necessarily more serious than a usual supply case under s 25 merely by reason of the higher maximum penalty. Where the offending is at the very lowest end of objective seriousness for a s 25A offence, involving police-initiated transactions, small quantities, paltry profit, and a young offender with strong subjective circumstances, a conviction under s 10A with no other penalty may be appropriate. The s 5 imprisonment threshold should not be treated as met merely because an ICO can only be imposed if it is met.
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