A sentencing judge's expression of intention to take into account the distress caused to a complainant by having to give evidence constitutes error under Siganto v The Queen, but such error does not require resentencing where it can be demonstrated the error did not ultimately influence the sentence imposed. In sentencing for sexual offences committed as part of a series of group assaults, the offender's knowledge of the victim's prior ordeal is relevant to the gravity of the offences and may properly be referred to in remarks on sentence.
The full text is available to signed-in members, including the 1 later case that cites this judgment.