The residual discretion to dismiss a Crown sentence appeal may be exercised where, notwithstanding manifest inadequacy, the respondent has demonstrated a commitment to rehabilitation in the period since sentence. Demonstrated onerous custody conditions (such as actual assaults and prolonged solitary confinement) carry greater mitigating weight than predicted future hardship. The protection of the community is ultimately best served by the rehabilitation of an offender, and this public interest dimension should inform the exercise of the residual discretion.
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