An applicant for leave to appeal against sentence is ordinarily bound by the case presented at first instance and cannot raise new arguments on appeal absent error leading to a miscarriage of justice. A sentencing judge could rarely be found in error for not doing that which he or she was not asked to do. Sentencing statistics are of limited utility where the offender's circumstances (such as being subject to multiple forms of conditional liberty for similar prior offences) are not captured by the statistical categories.
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