A sentencing judge who by words or conduct indicates acceptance of a Crown concession as to the non-parole period must warn counsel before departing from that position, or procedural fairness will be denied. Crown prosecutors should avoid making specific concessions as to the length of the non-parole period. Sentencing judges should specify notional starting points and state whether discounts are calculated on a successive or aggregate basis. The need to serve a sentence on protection cannot be taken into account both in determining the discount for assistance and in finding special circumstances to vary the statutory ratio.
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