CRIME — SENTENCE — Supply a prohibited drug not less than the large commercial quantity
Quick Take
1Where an offender's role in a large commercial drug supply is limited to that of a courier acting under direction, with no involvement in planning or organisation, the offending may fall in the low range of objective seriousness notwithstanding that the quantity exceeded four times the large commercial threshold.
2Parity principles focus on substance rather than form: where co-offenders performing almost identical courier roles received ICOs in the Local Court for s 25(1) DMTA offences, a comparable sentence may be warranted for a co-offender charged under s 25(2) DMTA, adjusted for differences in quantity, value and subjective circumstances.
3The combined application of Bugmy (childhood exposure to intergenerational alcohol abuse and violence) and De La Rosa (mental health conditions including ADHD, PTSD, polysubstance use disorder contributing to offending) reduced moral culpability, diminished the role of general and specific deterrence, and supported an ICO over full-time custody.
