Following CMB v Attorney-General (NSW), the Crown bears the onus of establishing that the appellate court should decline to exercise its residual discretion not to re-sentence, and the fact that a sentence is manifestly inadequate will not automatically discharge that burden. Psychological harm to child victims of sexual offences, while commonly assumed, must be proved beyond reasonable doubt before it can be taken into account as an aggravating factor under s 21A(2)(g).
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.