The Gregory uplift in sentencing standards for trafficking in a commercial quantity of a drug of dependence has a diminishing effect as one moves from the upper to the lower categories of seriousness, resulting in only modest increases for the lowest category. Where an offender has gone to trial (as opposed to pleading guilty), there is no fairness-based reason to decline to apply an uplift in sentencing standards when resentencing on appeal. The necessary relativity between categories of seriousness of a quantity-based offence will not be maintained if an increase in sentencing practice is uniform across each category.
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