A factual error by a sentencing judge in characterising a co-offender's role in a joint drug trafficking enterprise is not material where the judge corrects the error, the offence was a joint enterprise with complementary roles, and counsel did not challenge the assertion that the co-offenders' positions were essentially indistinguishable. The test for materiality remains whether, had the judge known the true situation, it is reasonable to suppose a lower sentence would or might have been imposed.
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