A sentencing judge who imposes a sentence for robbery in company that departs significantly from the R v Henry guideline judgment must offer reasons for the departure, and subjective features alone may not justify departure to the extent adopted here. However, on a Crown appeal, the Court of Criminal Appeal retains discretion to decline to re-sentence where the respondent has been released, significant time has passed, and strong subjective features including rehabilitation prospects militate against further custodial intervention.
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