appeal against sentence — attempting to possess a marketable quantity of a border controlled drug offence contrary to ss 11.1(1) and 307.6(1) of Commonwealth Criminal Code and attempting to import a marketable quantity of a border controlled drug offence contrary to ss 11.1(1) and 307.2(1) of Commonwealth Criminal Code — 2 state offences — federal offences relate to 74g of cocaine and 367g of cocaine respectively — original sentence imposed 7 years’ imprisonment with a 5 year non-parole period — manifest excess — manifest excess cannot be established by pointing to a statistical range of sentence and arguing that the particular sentence fell at or near the top of that range — says nothing about whether or not sentencing judge erred in determining sentence — parity — each offender faced charges the other did not and had different roles — offender held supervisory role in relation to overall scheme to import drugs in consignments mailed from the United States — while co-offender a “trusted lieutenant” to offender, co-offender did as was directed even to performing most menial of tasks — while both offenders had limited criminal histories, offender had been largely unemployed in adult life whereas co-offender lived “a relatively productive life with extensive employment history to his credit” — leave to appeal granted — appeal dismissed
