Federal Court. Should Thornton and Lesianawai be extended to s 35(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW)? Did the fact that the applicant had only been involved in the supply of methamphetamine at the instigation of an undercover officer render his offending as irrelevant to the Tribunal's inquiry as to the protection of the Australian community under para 8.1.1(1) of Direction 99?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Should Thornton and Lesianawai be extended to a case where the Tribunal found that "the applicant had been convicted of nine offences, including the offence relating to Charge 5 (the supply of a prohibited drug) which, by reason of s 35(4) of the [Crimes (Sentencing Procedure) Act 1999 (NSW)] was not to be regarded for any purpose as an offence committed by the applicant"?
Question 2: Did the fact that the applicant had only been involved in the supply of methamphetamine at the instigation of an undercover officer render his offending as irrelevant to the Tribunal's inquiry as to the protection of the Australian community under para 8.1.1(1) of Direction 99?
The FCA answered those questions as follows: