Where the evidence establishes that the proceeds of drug supply were used to fund the offender's own drug addiction, it is an error to characterise the supply as committed for 'financial gain' as an aggravating factor. Where a series of criminal acts forms the foundation for a more serious charge (such as supply of a commercial quantity), treating those same acts as an additional aggravating factor under s 21A(2)(m) of the Crimes (Sentencing Procedure) Act 1999 (NSW) constitutes impermissible double counting.
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