A sentencing judge's misapprehension of the maximum penalty does not automatically vitiate the sentence; the question is whether the error was material in the circumstances. Where the base sentence and cumulation order relate to counts unaffected by the error, and the sentences on affected counts fall well within the correct maxima, the error is immaterial. In child sexual offence cases, the absence of force or threats is not a mitigating factor where the offender occupied a position of trust over a young child and used inducements to overcome resistance.
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