Where parties agree at a contested sentencing hearing that the offender's evidence will be disregarded except for specified purposes, and the sentencing judge accepts that procedure, the judge is bound by that agreement and cannot use the evidence for other purposes, including adverse findings on remorse. Breach of such an agreement constitutes a lack of procedural fairness warranting re-sentencing. On parity, a sentence of six years' imprisonment for a sales manager in a boiler room fraud enterprise (receiving $282,000 over 20 months, 160 victims, $2 million loss) properly reflects the differential from co-offenders who were operators of the scheme and received eight years.
The full text is available to signed-in members, including the 1 later case that cites this judgment.