Where the Crown fails to correct a sentencing judge's misapprehension of JIRS sentencing statistics during the sentencing hearing, and that misapprehension significantly influences the imposition of a manifestly inadequate sentence, the Court of Criminal Appeal may exercise its residual discretion not to intervene on a Crown appeal. The Crown's duty to assist the sentencing court to avoid appealable error extends to correcting misunderstandings about sentencing statistics flagged by the judge during the hearing. An aggregate sentence that accumulates indicative sentences by only 6 months for persistent sexual offending over many months against a child may constitute a misapplication of the totality principle.
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