Where a sentencing judge erroneously pronounces sentence under the wrong version of s 44 of the Crimes (Sentencing Procedure) Act 1999, this is a technical error that does not by itself warrant a different sentence under s 6(3) of the Criminal Appeal Act 1912. The Court will correct the form of the order but will not reduce the sentence unless some other aspect of the sentence warrants intervention. An offender bears the onus of establishing that a psychiatric condition at the time of offending diminished culpability, and evidence of psychiatric conditions at the time of sentencing does not discharge that onus.
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