On a Crown appeal against sentence, the Crown's stance at first instance (including concessions or acquiescence about sentencing range) is a relevant discretionary factor but is not necessarily fatal to the appeal. The weight to be given depends on the degree of departure, the seriousness of the criminal conduct, the magnitude of the sentencing error, and whether the shift is from non-custodial to custodial. A concession dragged from a prosecutor in a running exchange initiated by the judge carries less weight than a formal submission. A wholly suspended sentence for a savage assault causing serious injury including skull fractures will ordinarily be manifestly inadequate regardless of the offender's youth and rehabilitation prospects.
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