Where evidence adverse to an offender is taken during sentencing proceedings in the absence of the offender and their legal representatives, procedural fairness is denied and a miscarriage of justice occurs. A belated offer to cross-examine the witness does not cure the unfairness where counsel had been excused, submissions had been completed, no transcript is available, and the offender was not cross-examined on the matters raised. A sentencing judge who indicates that evidence will not be brought to account in a party's case cannot depart from that indication without affording the party a proper opportunity to respond.
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