Where an offender has recorded sexual offending on video tape and the recording is in evidence, sentencing judges must guard against the risk that the graphic nature of the evidence will produce an imbalance in sentencing between the video-taped offences and other offences on the same presentment for which there is no such evidence. A sentencing judge's reference to an incorrect maximum penalty does not vitiate the sentencing discretion unless the error is shown to be material, having regard to the margin between the sentence imposed and both the supposed and correct maxima.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
1 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.