Where multiple murders occur as part of a single episode of criminal conduct, the totality of the conduct may inform the objective criminality of each offence for the purposes of s 61(1) of the Crimes (Sentencing Procedure) Act 1999, without offending the principle in Veen (No 2) and McNaughton that prior convictions cannot set the upper boundary of a proportionate sentence. The onus of establishing a mitigating mental condition on sentencing rests on the offender on the balance of probabilities, not on the Crown beyond reasonable doubt.
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