The Court of Appeal held that where a sentencing judge was provided with incorrect information about the applicant's release date under s 152 of the Corrective Services Act 2000 (Qld) — specifically, where s 152(2)(a) was applied instead of the correct s 152(2)(c) which substantially reduced time already served — a significant error in both fact and law operated at the time of sentencing, warranting the Court to consider the sentence afresh on its merits rather than requiring the applicant to demonstrate manifest excess. The cumulative sentence of 12 months was reduced to 9 months to account for the additional period of imprisonment the applicant would serve as a consequence of the corrected release date calculation.
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