A sentencing judge who finds aggravating facts not opened by the prosecution must give defence counsel the opportunity to be heard and must be satisfied of those facts beyond reasonable doubt. The conduct of a contested committal hearing, including cross-examination of the victim, is not an aggravating circumstance but is properly taken into account as limiting the discount for a subsequent plea of guilty and as reflecting on the level of remorse. An erroneous declaration as to serious sexual offender status does not vitiate the sentencing discretion where the sentencing remarks show the judge did not in fact apply the serious sexual offender analysis.
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