The objective criminality of offences under s 25A(1) of the Drug Misuse and Trafficking Act 1985 is to be assessed by reference to the features of repetition, system and organisation, not merely the number and quantities of individual instances of supply. Even low-level runners in drug distribution networks commit offences under s 25A that are more serious than offences under s 25. However, where youthful offenders at the lowest level of culpability are drug-addicted, have cooperated with police, pleaded guilty, and have completed their minimum terms, the Court of Criminal Appeal may decline to intervene on a Crown appeal even if the sentence is considered manifestly inadequate.
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