Where a trial is run by agreement on a 'strands in a cable' basis for circumstantial evidence, the applicant cannot argue on appeal that it should have been run as a 'links in a chain' case requiring individual items to be proved beyond reasonable doubt. Timing evidence relied upon as an 'alibi' must have sufficient precision to require the Crown to negative it beyond reasonable doubt; approximate estimates lacking precision do not reach that threshold. On sentence appeals, concessions properly made by counsel at first instance cannot be re-agitated, and the characterisation of objective seriousness is classically within the sentencing judge's role.
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