The conventional process of plea negotiation does not constitute disentitling conduct that deprives a defendant of the mitigatory benefit of pre-sentence delay, unless the defence conduct can fairly be characterised as deliberate delaying tactics. If the Crown wishes to contend that delay is attributable to the defence, it must raise and substantiate that contention on the plea — it cannot be raised for the first time on appeal. Manufacturing a large commercial quantity of a drug for distribution is no less culpable than distribution of that quantity. Severe clinical depression making imprisonment more burdensome is a matter to be taken into account in mitigation.
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