Where an offender's drug addiction arose from prescribed medical treatment rather than voluntary illicit drug use, that is a relevant mitigating factor in sentencing for drug trafficking, as the addiction is not consequent upon any voluntary decision. However, the weight to be given to this factor is contested — Sulan J treated it as significant, while Kourakis CJ and David J accorded it limited weight. The residual discretion to refuse a Crown appeal may be exercised where granting permission would cause undue hardship and be counterproductive to rehabilitation, even where the sentence is found to be manifestly inadequate.
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