The Court sentenced an offender who possessed over 1,175 times the commercial quantity of vaping devices and 633kg of illicit tobacco (with excise value exceeding $1.3 million) to an aggregate term of 2 years and 4 months' imprisonment served by way of an Intensive Correction Order, finding that despite the objective seriousness of the offending, the offender's cognitive limitations (extremely low IQ scores), PTSD from childhood trauma in Gaza, Bugmy factors, family hardship, good rehabilitation prospects, and the fact that full-time custody would impede mental health treatment justified an alternative to full-time imprisonment. The Court assessed the offending as relatively serious but lacking sophistication, with the offender operating as a low-level participant co-opted by others, and applied a 25% discount for early guilty pleas consistent with Xiao, while finding the s 16BA schedule matters (vaping accessories and $16,800 cash) did not significantly increase the appropriate sentence as they formed part of the same offending conduct.
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