Where a burglary offence arises from a mistaken entry into a dwelling and the criminal intent is formed only moments before the associated sexual offending, the burglary is in substance part of the same conduct and warrants a lesser sentence than the sexual assault. Sentencing judges must adequately account for critical factual differences when relying on comparator cases, particularly the presence or absence of premeditation. For non-citizens facing deportation, partial suspension rather than a parole release date may be the appropriate sentencing mechanism.
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