A sentencing judge's failure to apply mandatory sentencing provisions (such as s 20AAC requiring separate mandatory custodial imprisonment for serious firearm offenders) is a substantive error, not a technical error capable of rectification under s 9A of the Criminal Law (Sentencing) Act 1988 (SA). Where the correction of a sentencing error requires the imposition of a new sentencing structure with different discounts, separate sentences, and regard to additional statutory considerations, this exceeds the power conferred by s 9A and can only be remedied through the appeal process. Charges for firearms offences must accurately reflect the statutory definitions, including prescribed barrel lengths.
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