Evidence of a prior homicide may be admissible at a murder trial where substantial impairment is raised, as it is relevant to the jury's broad moral assessment of culpability under s 23A(1)(b) of the Crimes Act 1900. Where defence counsel does not press an objection to evidence at trial, Rule 4 of the Criminal Appeal Rules applies and the appellant must demonstrate a miscarriage of justice. A finding of mental illness does not automatically reduce the weight to be given to general deterrence, and dangerousness may overshadow mitigating factors arising from mental illness. Where mental illness factors have been used to avoid a life sentence under s 61, care must be taken not to double count them in further mitigation.
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