A sentencing judge's error in finding an aggravating factor not supported by evidence will not warrant resentencing where the substance of the aggravation is established on other grounds. The two categories of seriousness for prohibited person firearm possession identified in Berichon v The Queen are not a prescriptive framework; the sentencing task remains to impose a just sentence having regard to all circumstances. Retaliatory firearm discharge in a residential area attracts paramount weight for general deterrence, denunciation and community protection.
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