A sentencing judge must make an explicit or implicit assessment of the objective seriousness of drug supply offences under ss 25 and 25A of the Drug Misuse and Trafficking Act 1985 (NSW), including giving at least some consideration to the quantity of the prohibited drug involved. A bare recitation of facts or a finding that the offender 'trafficked to a significant extent' is insufficient. The fact that offending was committed while on conditional liberty may properly be treated as a subjective factor related to moral culpability rather than as going to objective seriousness.
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