A sentencing judge who independently researches and relies upon specialist materials (such as the DSM) not in evidence, without affording the parties an opportunity to address those materials, denies procedural fairness. The proposition in Tao Va v The Queen that a sentencing judge is not bound to accept a submission of remorse must be qualified where the Crown has explicitly accepted the submission and the risk of an adverse finding did not inhere in the proceedings. Good character cannot be diminished on the basis that it was 'exploited' to commit the offence where breach of trust has already been taken into account as a separate aggravating factor.
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