A sentencing judge's references to quantity thresholds for higher offences (such as traffickable or commercial quantities) when sentencing for cultivation simpliciter under s 72B of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) are permissible as contextual references to explain the relative seriousness of the offending, provided the judge sentences for the offence charged. The amount of cannabis likely to be harvested from plants found at the time of offending is relevant to the objective gravity of a cultivation offence. A sentencing judge's discussion of a CCO in terms of rehabilitation does not demonstrate error where it is responsive to the basis upon which the CCO was sought during the plea.
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