Where a sentencing discretion is re-opened due to an error in the quantum of trust account deficiencies or losses, the court will not impose a different sentence if the corrected figures do not reduce the gravity of the offending or the offender's culpability — particularly where the same number of transactions, of the same kind, over the same period, for the same purposes, were committed. For solicitor trust account offences, the amount stolen or misappropriated is not determinative of seriousness; culpability is heightened by systematic and deliberate conduct over time, and general deterrence, just punishment and denunciation are usually important sentencing considerations.
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