Where an offender seeks to mitigate a drug offence on the basis that the particular prohibited drug is less harmful than other drugs, the onus is on the offender to adduce evidence establishing that proposition; in the absence of such evidence, the sentencing court is not required to treat the drug as less serious. The case confirms that youth, good character, rehabilitation steps and low risk of reoffending do not ordinarily avert immediate imprisonment for serious drug dealing offences in Western Australia.
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