A sentencing judge cannot deny an offender all consideration of otherwise good character merely because of a poor traffic record; the otherwise good character must still be weighed as a mitigating factor. Where an offender asserts a potentially mitigating circumstance in sentencing proceedings and the Crown does not controvert it, the judge must either accept the assertion or give notice that it will not be accepted. The failure to stop at the scene of a collision may be dealt with as a Form 1 offence, a separate charged offence, or an aggravating factor under R v Whyte, but not by more than one of these methods simultaneously.
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