Where a sentencing judge proceeds on erroneous information about a comparable sentence provided by the prosecutor, and that error infects the exercise of the sentencing discretion, the appellate court will re-exercise the discretion afresh. For young drug traffickers who are addicts and have taken genuine steps towards rehabilitation, the criminality is of a different order from that of a commercial trafficker, and this is a mitigating factor even for the inherently serious crime of trafficking in Schedule 1 drugs. Concurrent sentences of imprisonment should not be imposed on supply counts where the acts of supply largely constitute the trafficking count.
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