Where the fault element for a Commonwealth drug importation offence is recklessness, a sentencing judge who identifies the jury's verdict as based on recklessness rather than knowledge does not err merely by also observing that post-offence conduct demonstrated actual knowledge, provided the judge does not treat that observation as aggravating the offending. General deterrence remains a predominant sentencing consideration for drug importation offences, and powerful mitigating factors including youth, PTSD, good character, and delay must be balanced against the seriousness of the offence and the need for general deterrence.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.