An error by a sentencing judge in stating the maximum penalty for an offence does not necessarily require appellate intervention; the materiality of the error depends on the circumstances. The aggravating factor in s 21A(2)(m) (series of criminal acts) cannot be applied to an ongoing supply offence under s 25A where repeated supply is an element of the offence, unless the number of occasions significantly exceeds the statutory minimum of three. For s 25A offences involving low-level dealers at or near the bottom of the distribution chain with relatively small quantities, a starting point of eight years (before discount) exceeds the permissible range.
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