Where a sentencing judge declines to order a CCO assessment after both prosecution and defence submit a CCO is open, the judge's refusal necessarily implies rejection of the CCO as a sentencing option, and defence counsel must take the opportunity to make further submissions at that point or the appellant cannot later claim procedural unfairness. Dead time served on remand for an unrelated charge resulting in acquittal should be taken into account in sentencing but does not create an entitlement to a discount and is not a simple mathematical exercise.
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