A sentencing judge is not bound by agreed facts between prosecution and defence and may reject unsubstantiated assertions, particularly where the Crown has no evidentiary basis for the agreement. A judge may forcibly bring deficiencies in the prosecution's factual presentation to the prosecutor's attention without thereby acting improperly or assuming inquisitorial powers. In co-offender sentencing, precise arithmetic reconciliation of sentences is not required, and legitimate differences in judicial approach must be allowed for.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
7 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.