Where a Schedule of Facts includes evidence of uncharged offending and the sentencing judge's remarks refer to multiplicity, persistence and regularity of offending beyond the charged acts, this constitutes sentencing for uncharged acts warranting appellate intervention. When re-sentencing a juvenile sexual offender as an adult, the court should consider what sentence would have been imposed had the offender been sentenced as a child, and this comparison may constitute an exceptional circumstance under s 9(4)(c) PSA dispensing with actual imprisonment.
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