Where a sentencing judge erroneously records the Crown's submission on aggregate sentence, this constitutes a material error in the House v The King sense that requires the appellate court to re-exercise the sentencing discretion, without the applicant needing to establish manifest excess. The passage in R v Hoole stating that where co-offenders are sentenced for some but not all of multiple offences there is little value in comparing individual sentences is no longer good law following Pearce v The Queen. Application of a sentencing discount to an aggregate sentence rather than to individual sentences does not strictly conform to Pearce.
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