Where an offender relies on subjective features such as mental illness, desire to rehabilitate, or harsh conditions of incarceration at sentencing, statements made to psychiatrists and psychologists go only part of the way; the sentencing judge is entitled to require the offender to give evidence to verify the prime facts underlying expert opinions. A sentence of six years imprisonment for ongoing supply of heroin in small retail quantities is within the permissible range where the offender has a very bad criminal record, was on a recognisance, did not plead guilty, and lacks compelling subjective features.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.