Where the Crown identifies an error of principle in sentencing on its own appeal, the Kentwell principles apply regardless of who exposed the error, and the appellate court may re-sentence the appellant to a lesser sentence even though the appellant's own grounds of appeal failed and the Crown appeal is dismissed. The Crown has an obligation of fairness and candour to draw sentencing errors to the attention of the court or the offender, even if that opens the potential for a reduction in sentence. However, this proposition was the subject of a dissent by Price J, who held that errors identified by the Crown pointing to inadequacy cannot be used as a springboard to reduce the sentence.
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