Unappealed first instance sentences in comparable cases do not establish a binding sentencing regime, and the Crown's failure to appeal lenient sentences cannot be treated as a concession of their correctness. Courts must take ultimate responsibility for the sentencing regime. In white collar fraud cases involving abuse of a position of trust, general deterrence requires significant emphasis with correspondingly less weight given to personal mitigating factors. A sentencing judge may decline to find that cooperation demonstrates contrition, but may not make a positive adverse finding of opportunism and cynicism without a proper factual basis.
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