In joint sentence hearings, a sentencing judge commits error by taking into account evidentiary material tendered only against a co-offender when sentencing another co-offender, even where the joint hearing makes quarantining such material difficult. The Crown should proceed on the basis of a joint statement of facts rather than separate statements for each co-offender. However, such error will not result in a lesser sentence on appeal where the original sentence is within the range that would be imposed on the evidence properly before the court.
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