A sentencing judge's factual errors regarding an offender's alcohol history (drawing inferences about alcohol-related offending not supported by the evidence) will ground leave to appeal, but the appeal will be dismissed if the appellate court, on re-exercising the sentencing discretion, arrives at the same total sentence through proper application of totality principles. Minor injuries sustained by an offender during the commission of offences (here, a head laceration requiring only 3 hours of hospital treatment with no cranial injuries detected) are insufficient to warrant mitigation on the basis of 'extra-curial' punishment.
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