The power to re-open a sentence under s 188(1)(c) of the Penalties and Sentences Act 1992 (Qld) is confined to clear factual errors existing at the time of the original sentencing; subsequent events such as the withdrawal of charges cannot ground an application. A District Court judge cannot use s 188(1)(c) to revisit matters already determined by the Court of Appeal on a sentence appeal. An error of judgment in the exercise of sentencing discretion is not a factual error within s 188(1)(c).
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