A sentencing judge who sentences an offender on the basis of a different sub-section of the offence provision from that charged commits an error going to the heart of the sentencing reasons, warranting resentencing on appeal. A sentence imposed in excess of the statutory maximum for a summary offence is also an error requiring correction. The fact that victims of culpable driving were willing passengers aware of the driver's intoxication is not a relevant mitigating consideration.
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