In sentencing for offences under s 25A of the Drug Misuse and Trafficking Act 1985 (NSW), the quantity of drugs supplied and the magnitude of the supply operation are relevant factors, even though the offence does not depend on quantity. However, the sentencing judge must not take into account as aggravating factors the supply of drugs on occasions other than those charged, as this would offend the De Simone principle. The Court also signalled that existing sentences for drug supply offences, particularly amphetamines, may reflect systemic inadequacy.
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