Where an offender's own conduct prevents ascertainment of the quantity and purity of drugs, the sentencing judge is not required to speculate or make findings by extrapolation, and the offender cannot complain of the absence of such findings. An effective sentence of 6 years' imprisonment for commercial heroin trafficking by a recidivist offender with prior drug trafficking convictions was upheld as severe but within range, though Murray J dissenting would have imposed 4½ years given the limited information available about the extent of the trafficking.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.