A Crown submission that an offence falls at a particular level of objective seriousness does not amount to a binding concession constraining the sentencing judge, unless the judge expressly indicates acceptance of that position. The assessment of objective seriousness remains at all times a matter for the sentencing judge. In joint criminal enterprise cases, where an offender played no active physical role in one of the offences, this necessarily reduces moral culpability for that offence and must be reflected in the sentence imposed.
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