A sentencing court's mistaken assumption that a personal protection order was in effect at the time of offending, when it had not yet been served, constitutes a material error of fact warranting re-sentence. An offender's mental health conditions contributing to stalking offending, combined with an antecedent incident of violence by the complainant, may constitute extenuating circumstances under s 17(3)(c) of the Crimes (Sentencing) Act 2005 (ACT) sufficient to justify a non-conviction order even for serious stalking conduct.
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