A sentencing judge who revokes bail and indicates that full-time imprisonment is the only option before hearing submissions from the offender's solicitor gives rise to a reasonable apprehension of bias. However, where the appellate court re-exercises the sentencing discretion and arrives at the same sentence, the practical outcome for the offender is unchanged. A finding of special circumstances remains a discretionary finding of fact not bound by Crown concessions. Sentencing judges are entitled to view untested out-of-court expressions of remorse with scepticism where the offender does not give evidence.
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