A sentencing judge who makes adverse findings of fact that are not proved beyond reasonable doubt commits appellable error, but the appellate court retains a residual discretion to decline to re-sentence where no lesser sentence is warranted in law and the correction would amount only to a minor adjustment. The principles in House v The King regarding appellate review of sentencing discretion apply equally to offender appeals as to Crown appeals. The parity principle applies even where co-offenders are charged with different offences, though its effect may vary according to the circumstances including differences in charges.
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