The s 54(1)(b) 'four-fifths rule' for serious repeat offenders applies only to the sentence imposed for the current offending, not to the total accumulated head sentence. Where a serious repeat offender is already subject to a non-parole period that exceeds four-fifths of the new sentence, the sentencing judge retains a wider discretion when extending the non-parole period under s 47. Sentencing guidance from R v Young for street-level drug dealing is not directly applicable to trafficking in buprenorphine, and proper expert evidence about the use and societal effects of buprenorphine is required before reliable sentencing comparisons can be made.
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