An incorrect factual finding by a sentencing judge that is incidental and does not affect the matters properly taken into account as relevant to objective seriousness is trivial or immaterial and does not constitute a material error in the House v The King sense. For offences of perverting the course of justice under s 319 Crimes Act 1900 (NSW), the gravamen is the intention to pervert the course of justice and the undermining of confidence in the criminal justice system, not whether the attempt succeeded or was likely to succeed. A person working within the criminal justice system as a law clerk, though not admitted to practice, has their culpability elevated by that role.
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