The De Simoni principle does not prevent a sentencing judge from taking into account the circumstances, method and mode of penetration as aggravating features of an incest charge, because those circumstances constitute the very offence charged rather than a separate offence. Where a plea to a lesser charge is the product of an agreement with the Crown, the offender should not be permitted to depart from the agreed basis upon which the plea proceeded. Failure to reference Verdins principles 5 and 6 in sentencing reasons constitutes error, but does not require resentencing where the sentence imposed is otherwise appropriate and likely reflects acceptance of the offender's deficits.
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