A sentencing judge who proposes to find an aggravating factor under s 21A(2)(g) that was not raised by the Crown must notify the parties and provide an opportunity to make submissions; failure to do so constitutes a denial of procedural fairness resulting in a miscarriage of justice, and the use of the word 'significant' rather than 'substantial' when applying s 21A(2)(g) may indicate application of the wrong test.
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