No custodial or community sentence is invalidated by the failure of a court to obtain and consider a pre-sentence report1 before forming an opinion in respect of the defendant's suitability for the sentence proposed to be passed2, but any court on an appeal against such a sentence must obtain a pre-sentence report if none was obtained by the court below3 (although this does not apply if the court is of the opinion either that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report4 or that although the court below was
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