A sentence of 12 years' imprisonment for trafficking 7.1 times the large commercial quantity of MDMA, with a total effective sentence of 12 years and 6 months and a non-parole period of 7 years, was within range where the offending was at or just below the middle range of seriousness and there were significant mitigating factors including unchallenged expert evidence of very positive rehabilitation prospects supported by 32 months of sustained effort. Prior trafficking convictions under the Drugs, Poisons and Controlled Substances Act 1981 are not necessarily 'drug offences' within s 6B(1) of the Sentencing Act 1991, and the County Court should make a specific declaration under s 89DI rather than recording that the offender was 'sentenced as a serious drug offender'.
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