Where a sentencing judge is informed of an incorrect statutory quantity for a prohibited drug and relies on that quantity in assessing objective seriousness, the sentencing discretion miscarries and re-sentence is required. Uncharged drug trafficking conduct may be taken into account to inform the seriousness of charged offences and to demonstrate they were not isolated, but cannot lead to a higher sentence than the charged offences merit. The De La Rosa mental illness principles are not absolute and do not create a presumption; depressive illness does not necessarily render an offender an inappropriate vehicle for general deterrence for drug supply offences.
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