Express error in finding an offence was committed whilst on bail when it was not
Quick Take
1A sentencing court's erroneous finding that an offence was committed while the offender was on bail, when it was not, is a material error of fact capable of affecting the total effective sentence, given that offending on bail is a serious aggravating factor.
2Where a sentencing error requires resentencing on appeal, the appellate court may proceed to resentence if it has all necessary material, without needing to remit the matter.
