The Court of Appeal held that a single trafficking count may allege trafficking in drugs listed across both Schedule 1 and Schedule 2 of the Drugs Misuse Act 1986, and that it is sufficient for the jury to be satisfied of trafficking in any one of the drugs charged. The Court further held that the circumstance of aggravation for production of a dangerous drug (quantity exceeding the prescribed amount) must be specifically charged in the indictment and proven by evidence of the actual quantity, and quashed the aggravation element of the production conviction where this was not established. On sentence, the Court reduced the trafficking sentence from 12 years to 10 years and the production sentence from 10 years to 8 years, to be served concurrently, having regard to comparable authorities.
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