631. Principles on which Court of Appeal interferes with a sentence.

The Court of Appeal may interfere with a sentence1 where (inter alia):

  1.  

    (1)     the sentence is defective in law2;

  2.  

    (2)     the sentence improperly took material into account3;

  3.  

    (3)     the sentence was passed on an incorrect factual basis4; and

  4.  

    (4)     where the public interest would normally require a substantial penalty5.

It is not enough that the sentence is more severe than the Court of Appeal would have imposed; it must be much too severe or the wrong form of sentence