The onus is on the offender to establish that sentencing practice has moved adversely since the time of the offence, and this onus may be discharged by sentencing statistics, individual sentencing decisions, and judicial recollections. Comparative sentencing statistics for manslaughter between 1994-2001 and 2003-2010 did not establish a significant adverse change in sentencing practice for more serious manslaughter offences. Legislative stability (no change to the offence or maximum penalty) is a relevant indicator that sentencing practice may not have changed.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.