A sentencing judge's reference to a drug not charged in the trafficking count, even if derived from an agreed schedule of facts, may constitute a factual error causing the sentencing discretion to miscarry and requiring the appellate court to re-exercise the discretion afresh. For trafficking in significant amounts of cannabis at wholesale level and methylamphetamine at street level over approximately three months, driven by drug dependency, with timely pleas and cooperation, a head sentence of six years imprisonment with parole eligibility at one-third is within range.
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