Delay between offence and sentence constitutes a powerful mitigatory factor regardless of whether the delay is satisfactorily explained; its relevance lies in the effect on the accused, particularly rehabilitation. Where an accused demonstrates significant rehabilitation over a lengthy delay period, the sentencing court must give that proper weight, and failure to do so will warrant appellate intervention. On alibi directions, no specific direction on the Crown's onus of disproving the alibi is required unless there is an appreciable danger of the jury thinking the accused bears the onus of establishing it.
The full text is available to signed-in members, including the 222 later cases that cite this judgment.
53 of the 222 citing cases carry a classified treatment. How each court treated it is available to signed-in members.