A sentencing judge may take into account, as an aggravating circumstance, conduct constituting an uncharged offence where that conduct is of lesser gravity than the charged offence and is substantially connected with the charged offending. The question is ultimately one of fact, degree, and fairness. Procedural fairness requires that a judge not act on a putative aggravating circumstance of significance unless it has been raised with counsel, but this requirement is satisfied where the judge articulates the intended finding during the plea hearing, even if the prosecution did not expressly invite the finding.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
5 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.