A subsequent legislative change abolishing prison remissions, which effectively extends the period of imprisonment actually served beyond what was contemplated at sentencing, does not constitute an error in the sentencing process amenable to correction on appeal. The expression 'clear factual error of substance' in s 188(1)(c) of the Penalties and Sentences Act 1992 (Qld) does not extend to unavoidable ignorance of future legislative changes to the prison regime.
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