A sentencing judge who intends to aggravate a sentence by reference to a significant adverse characterisation of the offending — such as treating the conduct as an attempt to pervert the course of justice — that was not raised by the Crown or canvassed during the plea hearing, must give the defence an opportunity to address that characterisation before relying on it. Failure to do so constitutes a denial of procedural fairness that vitiates the sentencing discretion.
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