A trial judge's directions regarding unreliable evidence, accomplice evidence, and identification evidence may be adequate even without a specific s 165(2) direction where the judge points to features of the evidence that could lead to a finding of unreliability. On parity, even where a co-offender's plea of guilty and assistance to the Crown are taken into account, a sentence may be so disparate as to give rise to a justifiable sense of grievance where the co-offender hatched the criminal plan and was charged with more serious offences carrying heavier maximum penalties.
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