A sentence imposed on a materially incorrect factual basis — here, where counsel misinformed the sentencing judge about the period of pre-sentence custody — will be set aside on appeal and the appellant re-sentenced. Where the sentencing judge considers herself functus officio and unable to correct the error under s 9A of the Criminal Law (Sentencing) Act 1988 (SA), the appropriate remedy is an appeal to the Court of Criminal Appeal.
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