Where a sentencing judge is misled by an erroneous criminal record that overstates the offender's prior convictions, this constitutes an error in the sentencing process warranting appellate intervention and resentencing. The onus remains on the offender to establish on the balance of probabilities a causal connection between mental illness and offending before it can operate as a significant mitigating factor.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.