The rule in R v Pidoto and O'Dea that the nature and extent of harm caused by a drug of dependence is not a relevant sentencing consideration extends to any judicial assessment of the general tendency of the drug to cause harm — it is not confined to comparative assessments of relative harmfulness between drugs. However, sentencing may still proceed on the basis that all proscribed drugs have deleterious consequences of anti-social proportions and trafficking in any of them is a serious criminal offence. Middle age is not a mitigatory factor for drug trafficking; it may exacerbate moral culpability. Delay is largely irrelevant where the offender used the period to progress to more serious criminal activity.
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