A sentencing judge is not entitled to reject unchallenged affidavit evidence that is not inherently implausible, or at least is not entitled to do so without giving the party relying on it notice of that intention. Where a sentencing process miscarries due to procedural unfairness but the CCA cannot determine the appropriate sentence, remittal under s 12(2) Criminal Appeal Act 1912 is available as a supplemental power. Where the sentencing judge has formed credibility-based views, resentencing should proceed before a differently constituted court to avoid apprehended prejudgment.
The full text is available to signed-in members, including the 44 later cases that cite this judgment.
18 of the 44 citing cases carry a classified treatment. How each court treated it is available to signed-in members.