A sentencing judge must connect evidence of a drug-free period in custody to the assessment of prospects of rehabilitation, and cannot characterise prospects as 'low' where the offender has been drug-free for a substantial period and previously completed parole without incident. Demonstrated rehabilitation during a period of delay must be expressly addressed. For trafficking a large commercial quantity of MDMA at approximately 20 times the threshold, a sentence of 13 years and 6 months' imprisonment (after a guilty plea) was appropriate in 2009 sentencing conditions. Crown sentencing submissions must be anchored in current sentencing practices.
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