Where a sentencing judge is led into error regarding the applicable maximum penalty, the appeal court will not impose different sentences unless satisfied that different sentences should be passed, having regard to the actual sentences imposed and the circumstances of the offending. The prospect of deportation cannot be taken into account as a mitigating factor absent an evidentiary basis or Crown concession — the sentencing court cannot speculate. Good rehabilitation prospects do not preclude significant weight being given to specific deterrence; a sentence taking account of specific deterrence may reinforce rehabilitation.
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