Where a sentencing judge indicates during a plea hearing that a factual matter is accepted, the judge must inform counsel if that position changes before sentencing, and must provide an opportunity to adduce further evidence. Failure to do so constitutes a denial of procedural fairness. A gap in offending between the last offence and sentencing is a relevant mitigating factor, but its weight may be reduced where cessation is attributable to reduced opportunity rather than genuine rehabilitation.
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