Oral statements by a sentencing judge following formal sentencing remarks cannot be used to change the substance of those remarks for appellate review purposes. An appeal against sentence must be resolved by reference to the objective meaning of the formal sentencing remarks understood in their context. Where a sentencing judge makes a material factual error about the timing of a guilty plea, the appellate court will resentence. A fast-track guilty plea at the first reasonable opportunity may warrant the full 25% discount under s 9AA even where the prosecution case is relatively strong but not overwhelming.
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