A sentencing judge's express error of fact (here, incorrectly stating both burglaries were committed in company) does not automatically warrant resentencing; the Court of Appeal retains a discretion to refuse leave where it is not reasonably arguable that a different sentence would have been imposed. Home burglaries are serious offences ordinarily met with substantial penalties to recognise their prevalence and provide personal and general deterrence.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.