A sentencing judge's reference to an offender's choice to remain on bail rather than surrender into custody earlier does not constitute taking into account an irrelevant consideration where the reference is made in the context of considering all surrounding circumstances including delay and rehabilitation. A reduction from 10 years to nine years' imprisonment for wholesale methylamphetamine trafficking over eight months, avoiding an automatic serious violent offence declaration, was within the sound exercise of the sentencing discretion where there was inordinate delay, pleas of guilty, some rehabilitation efforts, and no relevant criminal history.
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