A sentencing judge's reference to 'home invaders' or the fact that offences were committed in the victim's home does not, without more, constitute a De Simoni error; the judge is entitled to take into account that victims were assaulted in the place where they might have expected to be safe. Where sentencing error is established, the appellate court exercises the sentencing discretion afresh under s 6(3) of the Criminal Appeal Act 1912 and is not constrained by what the sentencing judge would have done absent the error.
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