Before intoxication may be treated as an aggravating factor in sentencing, the sentencing judge must be satisfied beyond reasonable doubt that the offender was aware of the probability that alcohol use would predispose them to conduct similar to the relevant offending. Where the prosecution does not rely on a matter as a circumstance of aggravation, a judge should exercise a marked degree of circumspection before relying on it as aggravating on the judge's own initiative. Community correction order conditions must not impermissibly re-punish an offender for conduct that was the subject of an earlier sentence.
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