The Court of Appeal held that a sentencing judge's factual error in attributing to the offender the initial theft of a vehicle from a driveway (when the prosecution only alleged he was found driving it 25 minutes later) could not have materially affected the sentence, because the identical sentence was imposed on that charge as on two other non-confrontational theft charges, and the error was not specifically relied upon as an aggravating factor. The Court also held that a total effective sentence of 1 year 8 months' imprisonment combined with a 1-year community corrections order for two armed robberies, four thefts and driving whilst disqualified was not manifestly excessive but was in fact lenient, given the offender's prolific offending over a fortnight, high moral culpability, and prior criminal history, notwithstanding his youth, guilty pleas, ADHD, substance abuse disorders, and engagement in the Koori Court sentencing conversation.
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