A Crown appeal against sentence based on manifest inadequacy will not succeed where the sentencing judge's factual findings were open on the evidence and the Crown's challenge is largely directed to the weight given to various sentencing factors. The weight to be given to the quantity of drugs, the likelihood of success of the importation, the offender's role in the conspiracy, and subjective features are matters for the sentencing judge. Where the Crown concedes at first instance that a particular factual finding is open, it cannot resile from that concession on appeal.
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