Where material before a sentencing court is capable of being regarded as raising the question of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999, the sentencing judge must address the issue; failure to do so constitutes error requiring resentencing. However, a sentencing judge is not required to warn parties of an intention to reject or give little weight to character evidence, as evidence submitted to a court is subject to adjudication and the prospect it may not be found convincing needs no warning.
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