A sentencing judge is entitled to question an offender giving evidence on sentence to resolve inconsistencies between that evidence and agreed facts, provided the offender is given every opportunity to clarify their evidence and address the court's concerns. An unsigned letter from a family member going to contested factual matters may properly be excluded from sentencing proceedings on procedural fairness grounds where the author is unavailable for cross-examination, even where the Evidence Act has not been directed to apply. General deterrence remains an important consideration in sentencing for supply of prohibited drugs.
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