When sentencing for a composite supply charge under s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW), the sentencing judge may take into account the frequency of individual sales and the fact they were for reward, even where those facts could have sustained a charge under the more serious s 25A(1) ongoing supply offence. The De Simoni principle is not attracted because such matters are particulars of how the physical elements of the offence were carried out, not circumstances of aggravation additional to the elements. Section 25A(8) independently forecloses the argument. Where dealing with proceeds of crime arises from the same drug supply conduct charged in supply counts, the proceeds sentence should be concurrent with the supply sentences.
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