A sentencing judge's criminal history of an offender cannot be taken into account when assessing the objective seriousness of the offence. Where ex tempore sentencing remarks have been revised by the judge, the revised remarks represent what the judge said and meant, and there is no warrant for reading them contrary to their plain language absent evidence of a slip.
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2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.