Commission of an offence whilst on conditional liberty is not relevant to the assessment of objective gravity but is an aggravating factor for sentencing purposes under s 21A(2)(j) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Where a jury convicts on a deemed supply charge under s 29 of the Drug Misuse and Trafficking Act 1985 (NSW), the offender is to be sentenced on the basis of the full quantity found in possession, not merely the traffickable quantity. A sentencing judge's observation about parity limited to objective circumstances does not preclude a more severe sentence based on other sentencing considerations.
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