When sentencing for supply under s 25 of the Drug Misuse and Trafficking Act 1985, a sentencing judge may properly use as comparators the sentences imposed on co-offenders for the more serious offence of ongoing supply under s 25A, and may assess the offender's criminality as higher than co-offenders lower in the supply chain notwithstanding the different maximum penalties. Describing an offender as a 'wholesaler' does not of itself breach the De Simoni principle where the Crown cannot prove the elements of the more serious offence.
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