A sentencing judge's mistaken belief that a driving whilst disqualified offence occurred during the course of a kidnapping (rather than the following day) constitutes material error warranting resentencing, as it affects the characterisation of the offender's course of conduct. For recidivist driving whilst disqualified offenders who have never held a licence, the maximum penalty of 12 months' imprisonment may be warranted, particularly where the offender has expressed contempt for the law and was subject to existing non-custodial orders for the same type of offence. The domestic violence context of a kidnapping offence does not diminish its seriousness and requires significant weight to be given to general deterrence and denunciation.
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