Where a sentencing judge erroneously takes into account the standard sentence for a different offence (here, homicide by firearm rather than manslaughter), the sentencing discretion miscarries notwithstanding the judge's assurance that the error would make no difference to the outcome. The judge's assurance in fact tends to confirm that the sentence was determined under the erroneous approach. For manslaughter by gross negligence involving pointing and firing a shotgun believed to be unloaded, a sentence of 9 years' imprisonment with a 6-year non-parole period was appropriate in the circumstances.
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