The Olbrich principles regarding the characterisation of an offender's role in drug importation apply with particular difficulty after a contested trial, where neither the Crown nor the offender may be in a position to establish the precise nature of the offender's involvement. A sentencing court must concentrate on what the offender actually did, and characterisation as a 'principal' requires proof beyond reasonable doubt. A judge who advised a litigant in an unrelated matter approximately 19 years earlier is not automatically disqualified on the ground of apprehended bias; each case depends on its own facts.
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