A sentencing judge's misstatement of the maximum penalty will ordinarily constitute a material House v The King error, except perhaps where the balance of the reasons demonstrates the judge acted on the correct maximum penalty. Gambling disorder, cannabis use disorder and alcohol use disorder do not necessarily render an offender an inappropriate vehicle for general deterrence in drug supply cases, particularly where the need for money arising from such conditions provides a compelling incentive for involvement in drug distribution. Counsel have a duty to draw the court's attention to obvious errors in sentencing before proceedings are finalised.
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