A sentencing judge's erroneous factual finding, even if the resulting sentence is within range, may be material if it was used to reject the offender's version of events and thereby affected the assessment of the seriousness of the offending. The significance of a jury acquittal on one count must be properly reflected in sentencing on remaining counts — who initiated sexual contact is irrelevant to subsequent counts where consent was unequivocally withdrawn. The one transaction rule is only a working rule and does not require total concurrency where multiple offences involve different forms of sexual penetration reflecting distinct criminality.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
3 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.