A sentencing judge who takes into account adversely a characterisation of an accused's conduct at committal proceedings (such as describing cross-examination as 'gratuitous') must afford the accused notice and an opportunity to address that matter, failing which procedural fairness may be denied. A sentence disparity of five times the co-offender's sentence for the same offence is capable of engendering a justifiable sense of grievance even where the applicant was the architect of the offending.
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