When sentencing for federal offences under s 16A(2)(p) of the Crimes Act 1914 (Cth), a court is not required to find that hardship to the offender's family or dependants is 'exceptional' before taking it into account as a mitigating factor. The Victorian Court of Appeal followed Totaan v The Queen [2022] NSWCCA 75 on this point, emphasising the desirability of national uniformity in sentencing for federal offences. Separately, the case provides a detailed example of sentencing for dark net drug trafficking operations involving MDMA, including the assessment of relative culpability of co-offenders and the treatment of seized drugs across related charges.
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