A sentencing judge may not rely on findings of drug purity from other cases as evidence of 'normal street purity' without giving the parties notice and an opportunity to address the matter. Financial gain and planning are elements of the offence under s 25A of the Drug Misuse and Trafficking Act 1985 (NSW) and may only be treated as aggravating factors when they are 'significant' and above the lowest level of offending. In the absence of a direction under s 4 of the Evidence Act 1995 (NSW), the common law rules of evidence (including common law judicial notice) apply in sentencing proceedings.
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