A Crown Prosecutor's response to a sentencing judge's question about whether a particular sentence is 'within range' does not breach the Barbaro prohibition where the response is properly characterised as a submission on parity by reference to a co-offender's sentence. Two of three judges questioned whether a Xiao error (failure to consider utilitarian value of plea) necessarily requires full re-sentencing under Kentwell where the actual discount percentages are not challenged, but this question was left open for future determination.
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