Trafficking in a commercial quantity of a drug of dependence can be established on a Giretti (continuing enterprise) basis by aggregating individual transactions, none of which individually exceeded the commercial quantity, provided the accused intended from the outset to traffick in amounts that would cumulatively exceed the designated quantity. The mens rea must be contemporaneous with the actus reus throughout the period of the enterprise. A trial judge is not obliged to leave trafficking simpliciter as an alternative verdict where the defence is a complete denial of involvement and there is no evidentiary foundation for such a direction.
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