A sentencing judge may draw inferences from agreed facts and evidence before the court even where the Crown does not positively submit that a particular finding should be made, provided the issue was live during the proceedings and the offender had the opportunity to address it. A sentencing judge is not required to give notice before declining to give weight to untested accounts of childhood deprivation provided by an offender to a psychologist, particularly where the Crown's concession was limited to the personal history 'pointing towards' disadvantage rather than accepting the truth of the account.
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