A sentencing judge who contemplates treating a matter as an aggravating factor that was not raised by the Crown must alert the defence and afford an opportunity to respond; failure to do so constitutes a breach of natural justice vitiating the sentencing discretion. The Crown's obligation to provide a sentencing range requires a range allowing a generous ambit for reasonable disagreement, and Crown counsel should be equipped to modify the range in light of matters raised in mitigation. Drug use prior to offending can only be treated as aggravating where there is evidence beyond reasonable doubt of foreknowledge of the likely consequences of drug consumption.
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