Where the prosecution relies on an agreed statement of facts that does not distinguish between the roles of co-offenders, it cannot on appeal complain that the sentences were insufficiently disparate. Aggravating features not contained in the agreed statement of facts must be specifically drawn to the sentencing judge's attention, and the prosecution cannot raise them for the first time on appeal. The conditional nature of an intent to assault (i.e., conditional on the victim's refusal to comply with a demand) is a relevant factor in assessing the seriousness of a trespass with intent offence.
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