Where the consequences of an offence were unintended, unforeseen, and not reasonably foreseeable, those consequences cannot be relied upon as a circumstance of aggravation for sentencing purposes. The majority view (Gray J, Wicks J agreeing) is that such consequences are simply not relevant to sentence; Olsson J's view is that they are admissible under the Sentencing Act but should be given very little weight. The Crown cannot on appeal resile from concessions made at sentencing regarding the basis on which the offender should be sentenced.
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