A prosecution submission on sentencing range does not constitute an error of law merely because it was received by the sentencing judge; the applicant must demonstrate on the balance of probabilities that the judge was swayed by the submission, and the fact that the sentence fell within the proposed range does not establish this. Evidence of post-sentencing rehabilitation (such as good behaviour in prison) will generally not be admitted on a sentence appeal because a sentence is calculated on the factual matrix up to the time of the hearing. For cocaine trafficking over 12 months involving importation, wholesale distribution, and elaborate business operations, a sentence of 12 years imprisonment is within the appropriate range.
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