In sentencing for conspiracy to import drugs, the offender's 'role' refers to their position in the organisational hierarchy, not merely their physical acts. It is an error to confine the sentencing assessment to the precise physical acts of a conspirator, as this negates the essential feature of conspiracy — the agreement to participate. Those higher in the hierarchy who distance themselves from physical contact with drugs are ordinarily more culpable, not less. Evidence of changed circumstances arising after sentencing (such as being placed on protection) is not admissible on appeal to establish error; it is only admissible if the court re-sentences after error is otherwise established.
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