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I think the point is that there has been so much legislation on sentencing in various contexts, all date specific (for instance, historic sex abuse) that it is all too easy for any individual judge (particularly if not fully assisted by Counsel on either side) to get it wrong, not necessarily through any fault of the judge (or, even, counsel). I've been reading the odd criminal appeal re sentence, and it seems to be a regular occurence that someone has been sentenced on a particular basis which was wrong. So for instance back in the day the sentence for a particular abuse was whatever; it is now different; but there's been a lot of changes in the statutes applying to those offences and sentences and the necessary drill down for the particular dates and particular sentences applying on those dates hasn't been done.