A sentencing judge's failure to refer to unchallenged evidence of a depressive disorder constitutes specific error requiring resentencing, as the judge is obliged under R v Tsiaras to consider whether the condition means imprisonment will weigh more heavily on the offender. The parity principle requires an appropriate differential between co-offenders where one has lesser criminality and no prior convictions, even where the co-offender was sentenced by a different judge at a later date. The question of whether current sentencing practices for trafficking in a large commercial quantity are out of kilter with the maximum penalty of life imprisonment was left open.
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