COURTS TOLD TO BE TOUGHER ON DRUGS

Stiff jail sentences must be imposed on drug traffickers, the State's
highest court has ruled.

Jail terms of up to 15 years must be handed out to drug couriers as a
deterrent to criminals tempted to traffic cocaine or heroin, the NSW Court
of Criminal Appeal ruled yesterday.

The court warned that drug addiction is no excuse for breaking the law, and
addicts who commit crimes will be punished.

Five judges, including the Chief Justice, Mr Jim Spigelman, issued the
guideline judgment yesterday. Their ruling will be a benchmark for courts
on penalties to be imposed on drug traffickers.

The new guidelines mean appeals against sentences will be less likely,
according to yesterday's judgment. It is the third initiative the court has
taken on sentencing guidelines, and follows the success of similar rulings
on drink-driving and armed robbery.

The court warned that although statistics show a strong link between crime
and addiction, drug use is no excuse for breaking the law.

Official statistics "highlight an endemic socio-economic problem: a spiral
of drug dependence feeding crime, and vice versa", said the judgment.

"This material does not warrant complacency on the part of the courts in
performing their task to punish and deter whose involved in these crimes.
There is no warrant for any slackening on the part of the courts."

However, the court noted that most sentences now imposed on drug
traffickers were appropriate.

"The judges of this state are aware of the exceptional threat to our
society that is posed by large-scale drug use," they said.

"In the case of drug importers and their accomplices, who are motivated by
greed, the judiciary speaks with one voice."

The sentencing guidelines recommend jail terms of between 10 and 15 years
for couriers shifting large amounts of illegal drugs.

The court said that by providing guidance to trial judges it would be less
likely sentences would be taken to appeal. "Secondly, the clear
promulgation of likely actual sentences will assist the objective of
general deterrence," it said.

The sentencing guidelines apply to a range of drug amounts: low level
trafficable quantity (2g-200g), five to seven years; mid level trafficable
quantity (200g-1kg), six to nine years; high range trafficable quantity
(1kg-1.5kg heroin; 1kg-2kg cocaine), seven to 10 years; low range
commercial quantity (1.5kg-3.5kg heroin; 2kg-3.5kg cocaine), eight to 12
years; substantial commercial quantity (3.5kg-10kg), 10 to 15 years.

The NSW Court of Criminal Appeal also addressed the crime of break, enter
and steal offences yesterday.

It said that since there is no such thing as a typical case, it is more
difficult to come up with a set sentence.

However, the court pinpointed 11 factors that make the crime more serious.
These include trauma inflicted, whether a victim is elderly, the use of a
weapon, and whether the offender is on bail for other offences.