Where the Crown includes an aggravating factor in a sentence summary that it cannot prove, and the sentencing judge relies on that factor, a miscarriage of justice is established even where the sentencing judge observes the factor had 'almost no bearing' on the sentence — such an observation confirms the factor had some bearing. The Crown's failure to correct a known error before sentence is passed compounds the miscarriage. However, identification of such error does not necessarily result in a lesser sentence on resentencing.
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