A material factual error by a sentencing judge (here, finding repeated punching occurred when CCTV showed otherwise) enlivens the appellate court's jurisdiction to resentence under s 353(4) of the Criminal Law Consolidation Act 1935 (SA). On resentencing for aggravated causing harm with intent, sentences of imprisonment may be suspended where the offender demonstrates positive good character, reasonable prospects of rehabilitation, and has served a substantial period in custody, even where the offence involved serious street violence and the offender showed limited contrition. The consequences of an offence may be taken into account in sentencing even where they exceed the elements of the offence charged.
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