Where a sentencing judge indicates a starting point for sentence during submissions and the Crown does not contend for a higher sentence, the judge must warn counsel and provide an opportunity for further submissions before imposing a significantly longer sentence. A finding of greater dangerousness compared to a co-offender requires an evidentiary basis beyond the absence of remorse and a small age gap, particularly where the sentencing judge cannot determine which offender committed the lethal acts. Errors in the factual basis for distinguishing co-offenders' sentences will undermine the sentencing judge's explanation for disparity and may establish the parity ground of appeal.
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