For the offence of ongoing supply under s 25A of the Drug Misuse and Trafficking Act 1985 (NSW), financial reward cannot be treated as an aggravating factor because it is an element of the offence. The two-stage approach from Ryan v The Queen to good character must be followed: the sentencing judge must first assess good character without reference to the offences being sentenced, and then determine the weight to be given to that character. Dissipation of good character through continued offending goes to weight, not to disentitlement.
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