A change in the Crown's submission on sentencing range, whether or not prompted by judicial questioning, does not create an unfairness warranting a sentencing discount. The Crown is obliged to correct an erroneous range submission. Defence counsel must advise clients that Crown range submissions carry no guarantee of acceptance and must independently assess the appropriateness of any proposed range. Reducing otherwise lawful sentences to mark disapproval of Crown conduct would be an improper exercise of the sentencing discretion.
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