When fresh evidence of a psychological or intellectual condition is sought to be adduced on a sentence appeal, the focus should be on whether the condition existed at the time of sentencing, not on whether the expert report existed. Evidence that could have been obtained with reasonable diligence may still be admitted where the failure to obtain it is explained by inadequacy of legal advice combined with the strength of the evidence. A finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 must be reflected in the aggregate sentence, not merely in an individual sentence that is subsumed by accumulation. Use of 'mid-range' language from the standard non-parole period regime for offences to which that regime does not apply is apt to denote error, though the ultimate assessment of objective gravity may still be upheld.
The full text is available to signed-in members, including the 160 later cases that cite this judgment.
79 of the 160 citing cases carry a classified treatment. How each court treated it is available to signed-in members.