A sentencing judge who imposes identical sentences for all counts of the same offence type (here, 27 counts of break, enter and steal) without differentiating between offences of varying objective seriousness fails to comply with the Pearce principle, even if the overall total sentence is not excessive. The applicant is entitled to be re-sentenced according to law. Separately, where the Crown has not charged the aggravated form of an offence (e.g., s.112(2) for offences committed in company), the sentencing judge cannot treat the uncharged circumstance of aggravation as an aggravating factor under s.21A(2)(e), as this would contravene De Simoni and s.21A(4).
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