Sentencing remarks of a prior judge are a judgment of the Court and not 'evidence' within the meaning of the proviso to s 12(1) of the Criminal Appeal Act 1912 (NSW); accordingly, the Court of Criminal Appeal may have regard to them on appeal even though they were not tendered before the sentencing judge. A sentencing judge who departs from a guideline judgment must articulate the reasoning for such departure with precision, and failure to do so constitutes appealable error.
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