A factual error in sentencing remarks is material only if it is reasonable to suppose that a lower sentence would or might have been imposed had the judge known the true situation. Where drug addiction is said to explain offending, the addiction must be shown to have a relevant causal link to the crime, not merely to explain the offender's general disposition. A non-parole period that is a high proportion of the head sentence is not 'unusual' where the offender's rehabilitation prospects are poor and community protection is a significant consideration.
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