The level of care required when acting on allegations of fact in victim impact statements is that prescribed by s 132C of the Evidence Act 1977 (Qld), not the higher standard suggested by the dicta in R v Singh. Sentencing courts may act on unchallenged allegations in victim impact statements under s 132C(2), and on challenged allegations if satisfied on the balance of probabilities under s 132C(3)-(4). Defence counsel who wish to challenge victim impact statement content bear a practical obligation to raise the issue with the prosecution before the hearing rather than relying passively on the Singh caution.
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