A misstatement of the maximum penalty by a sentencing judge is a material error capable of infecting the sentencing discretion, and an applicant need not also establish manifest excess to enliven s 6(3) of the Criminal Appeal Act 1912. Once error is established, the Court may receive fresh evidence of post-sentence conduct (including psychiatric evidence and rehabilitation) for the purpose of resentencing. The phrase 'warranted in law' in s 6(3) encompasses the entire body of sentencing law, not merely whether the sentence fell outside the permissible range.
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