Minor factual errors in sentencing remarks (such as mischaracterising the mode of assault or referring to parole instead of bail) will not vitiate a sentence where the errors are of little consequence to the overall assessment of objective seriousness. Both parole and bail constitute 'conditional liberty' for the purposes of the aggravating factor in s 21A(2)(j) of the Crimes (Sentencing Procedure) Act 1999. A small sample of comparable cases involving broadly defined offences such as s 112(2) does not establish a sentencing range.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
3 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.