Following Mahmood v Western Australia, the appropriate direction where the Crown fails to call a witness in a criminal trial is not a Jones v Dunkel direction but rather whether the failure gives rise to a reasonable doubt about the guilt of the accused. Suspension of monitoring of telephone calls during the operation of a warrant under the Telecommunications (Interception and Access) Act 1979 (Cth) does not render subsequent intercepts unlawful. When sentencing for an offence carrying a standard non-parole period, the absence of a comprehensible motive cannot be treated as a mitigating factor; if the court cannot determine what motivated the offender, motive is not a factor that can be taken into account in determining objective seriousness.
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