Where a sentencing judge makes a factual error regarding the timing of a guilty plea that affects the discount applied, the sentencing discretion miscarries and the total effective sentence must be set aside. A fast-track guilty plea to a drug possession charge where the offender was caught red-handed warrants a 20% discount rather than the maximum 25%. A sentence imposed by the Court of Appeal on resentencing does not set a standard or tariff for comparable cases.
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