Right off the start, I can see this sentencing being open to abuse, especially with immigrants. It bothers me, that there is a pre-supposition of discrimination primarily on the host society. I do think, this is the role of the defendants lawyer to make this case, and not preferential treatment meted out by the courts. Consequently, the crown prosecutor raises the contradictions and examines the evidence. This is the way, it has always been. If the defendant is not satisfied with the verdict, they can always appeal it to a higher court, 88!!
Source: Youths from ethnic minorities could get softer sentences after judges are told to consider ‘discrimination’ they may have suffered