A sentencing judge who proposes to find an aggravating factor that has not been relied upon by either party must signal that intention and afford the offender an opportunity to be heard before making the finding. Supplying drugs to one co-offender at the direction of another does not, without more, constitute acting 'in company'. Ongoing supply of prohibited drugs at a level akin to street dealing does not constitute 'planned or organised criminal activity' under s 21A(2)(n), even where multiple drug types are supplied.
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