3. Will the Court adjust the starting point downward if part of the dangerous drugs is intended for self-consumption?
The Court would adjust the sentence downward if a significant proportion of the drugs is for the person’s own consumption and not intended for trafficking. The customary discount in this condition is likely between 10% and 25%. Generally, it is not necessary for the Court to specify the relative amounts or proportions of the drugs for self-consumption save in very broad terms.
However, the Court of Appeal has emphasised that a bare assertion is insufficient. The defendant must provide some reliable material or evidence to establish to the Court’s satisfaction that part of the dangerous drugs is intended for self-consumption. In some cases, the sentencing judge will require the defendant to testify under oath to support the assertion.
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