Where an offender's true motivation for a killing is materially different from the characterisation adopted by the sentencing judge, and the error arose from counsel's failure to properly present the material, the Court of Appeal may intervene notwithstanding the Romero principle that arguments not advanced on the plea will not be lightly entertained on appeal. The motivation of an offender — specifically the difference between killing for financial gain and killing out of fear of losing a home for one's children — is a material sentencing consideration that affects the characterisation of the seriousness of the offence.
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