A sentencing judge may take judicial notice of the prevalence of particular types of weapons in offending without giving prior notice to counsel or receiving evidence, where such prevalence is notorious within the criminal justice system. The attitude and forgiveness of a victim cannot govern the sentencing approach, though evidence of forgiveness may be relevant to the impact of the offence and prospects of rehabilitation. Cultural factors, including traditional ceremonies of reconciliation, are relevant mitigatory factors but do not displace the need for general deterrence. The Court of Appeal may rescind leave to appeal granted by a single judge where subsequent developments in law or fact undermine the prospects of success.
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