A sentencing judge who refers to a decision not cited by the parties does not breach procedural fairness obligations where the decision is used only to distil or illustrate matters of sentencing principle, rather than as a determinative yardstick for the sentence to be imposed. The obligation to bring a case to the parties' attention arises only where the judge proposes to treat the sentence in another case as determinative of the sentence in the case before them.
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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.