Where a sentencing judge expressly relies on factual matters in sentencing remarks that are demonstrably incorrect — here, the nature of a prior offence and the existence of permanent injury — the errors will be taken to have materially affected the sentencing process, requiring the sentence to be set aside. For protracted domestic violence GBH involving multiple weapons and offending in the presence of children, a sentence of six years' imprisonment with parole at one-third is within range where the offender pleads guilty and no permanent injury results.
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