Where a sentencing judge proceeds on a mistaken understanding of the maximum penalty and appears to use the maximum as a starting point for reasoning ('steering by the maximum'), the error is material and vitiates the sentence. A chronic major depressive illness reduces moral culpability, tempers general deterrence, and is relevant to the conditions of imprisonment, warranting a reduced sentence.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.