When sentencing for both s 25A (ongoing supply) and s 25 (deemed supply) offences under the Drug Misuse and Trafficking Act 1985 (NSW), the Pearce v The Queen principle against double punishment for common elements must be applied, but the degree of concurrency is a matter for the sentencing judge's discretion. An appellate court will not intervene merely because it would have structured the concurrency differently, provided the total effective sentence is appropriate.
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