A sentence for jointly importing a commercial quantity of MDMA (more than four times the threshold) that results in no period of imprisonment solely referable to the Commonwealth offence is manifestly inadequate, even where the offender played a lesser role in the enterprise and demonstrated significant rehabilitation. Demonstrated rehabilitation alone is not sufficient to significantly reduce the need for general deterrence in serious drug importation cases. Where there is separate and discrete serious offending, a degree of concurrency that effectively subsumes the Commonwealth sentence within the Territory sentence requires justification and may constitute error in the application of the totality principle.
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