Where the Crown puts a drug supply case on alternative bases (agreement to supply and deemed supply through possession), and one basis is unsupported by the evidence, the proviso in Weiss v The Queen may be applied if the evidence on the remaining basis proves guilt beyond reasonable doubt. The planning inherent in possession of a large quantity of drugs for supply cannot be treated as an additional aggravating feature under s 21A(2)(n) without evidence that the degree of planning exceeded what would ordinarily be expected of such an offence.
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