A sentencing judge who takes into account as an aggravating circumstance a matter not in issue on the plea, not raised by the prosecutor, and not raised with the parties, commits appealable error requiring re-sentencing. Curial perjury will warrant an immediate custodial sentence except in wholly exceptional cases. A sentencing judge is not required to give reasons for not accepting a prisoner's claimed remorse.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.