An erroneous finding that an offender was on bail at the time of offending, taken into account as an aggravating factor under s 21A(2)(j), constitutes an error that not only has the capacity to influence the sentence but does influence it, requiring re-sentencing. The principles for sentencing youthful offenders from KT v R apply even where the offending is adult-like, though the weight given to youth is moderated by the seriousness of the offence.
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