The principles in R v Qutami and R v McGourty requiring caution with untested hearsay material in sentencing extend to pre-sentence reports and offender letters, not just psychological reports. However, where the Crown fails to object to or dispute such material at the sentencing hearing, it cannot complain on appeal that the sentencing judge accepted it. Where there is a consistent body of coherent credible hearsay evidence supporting exculpatory factors, the Crown must expressly state its dispute and the reasons for it.
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