Where the Crown fails to oppose a particular sentencing disposition (such as an ICO) at any stage of the sentencing proceedings below, the Crown may be bound by the way it conducted those proceedings and the residual discretion may be exercised against intervention on appeal, even where the resulting sentence is found to be manifestly inadequate. The Crown's failure to appeal a Griffiths remand when it was open to do so is a relevant factor in the exercise of the residual discretion.
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