The Court held that where a sentencing magistrate states a definite starting point and applies a percentage discount, a mathematical error in the resulting sentence (or the addition of one day to avoid the s 86 Sentencing Act prohibition on 6-month sentences) constitutes appellable error. Failure to refer expressly or implicitly to the mitigating effect of an early guilty plea under s 9AA of the Sentencing Act is a material error requiring the sentencing discretion to be exercised afresh. When dealing with a breach of a suspended sentence under s 80 of the Sentencing Act, there is no power to increase the length of the previously suspended term; the court may only order service of all or part of the original term, substitute a new suspension period, or impose a fine.
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