› Business of trafficking involving import and sale for six months
› Imprisonment for three years with non-parole period of one year and six months, not manifestly excessive.
Upston v Tasmania [2018] TASCCA 4, 30 Tas R 262; Kay v Tasmania [2024] TASCCA 13, applied.
Misuse of Drugs Act 2001, s 12(1).
Aust Dig Criminal Law [3521]
Quick Take
1A sentence of three years' imprisonment (non-parole period of eighteen months) for trafficking in methylamphetamine involving multiple interstate importations over six months, recruitment of a courier, and possession of an unregistered sawn-off firearm, was within the range of sound sentencing discretion and not manifestly excessive.
2Whether importation of drugs into Tasmania constitutes a discrete aggravating factor (as distinct from a circumstance relevant to objective seriousness) was expressly left open, the court finding it unnecessary to resolve the question in the absence of a specific ground of appeal on the point.
3Where a global sentence of imprisonment encompasses summary offences not punishable by imprisonment, the appropriate correction is to set aside the sentence on those counts and substitute a conviction without further order, leaving the global sentence otherwise undisturbed.
