A complaint that insufficient weight was given to a particular sentencing factor is, in substance, a complaint that the sentence is manifestly excessive, testable only by examining the sentence ultimately imposed. The double jeopardy principle in Crown appeals no longer applies in the ACT following R v Chatfield. The mental impairment defence under ss 27-28 of the Criminal Code 2002 (ACT) requires proof on the balance of probabilities, and the distinction between a mere loss of temper and loss of control through mental impairment is critical to the s 28(1)(c) inquiry.
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