A ground of appeal framed as 'insufficient weight' given to a sentencing factor tacitly concedes that some weight was placed on the factor, and the circumstances in which matters of weight will justify appellate intervention are narrowly confined. The relevance of protective custody on sentence depends upon evidence of its likely duration and practical restrictions, with no automatic formula to be applied. A sentencing judge is not obliged to accept assertions of contrition made after conviction at trial.
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
15 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.