The quantity of a prohibited drug stated in a Court Attendance Notice is a particular, not an element of the offence, and may be varied by service of Crown fact sheets detailing additional conduct falling within the statutory definition of 'supply'. Where 'supply' includes 'agreeing to supply' under s 3 of the Drug Misuse and Trafficking Act 1985, a sentencing judge is obliged to take into account quantities agreed to be supplied that are disclosed in the fact sheets, even if not reflected in the CAN quantity. The parity principle is not avoided by charging co-offenders with less serious offences, but genuine differences in involvement, charges faced, Form 1 matters, and applicable standard non-parole periods may justify significant sentencing disparities.
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