Where the Crown fails to submit at first instance that a proposed sentence is manifestly inadequate, and fails to correct a sentencing judge's factual misapprehension, these failures are material considerations in the exercise of the residual discretion to decline to intervene on a Crown appeal, even where sentencing error is established. The effect of appellate intervention upon an offender's rehabilitation remains a powerful factor in the exercise of the residual discretion, particularly where significant rehabilitation has occurred in the period since the offence.
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