Evidence from a witness as to what they or their corporate employer would have done in a hypothetical situation (here, whether an insurer would have offered cover had a suicidal intention been disclosed) is not opinion evidence within s 79 of the Evidence Act 1995 and does not require expert qualification. A finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 does not preclude the sentencing judge from having regard to other sentencing criteria, including the seriousness of the offence and deterrence, in adjusting the non-parole period. A conspiracy to defraud continues for so long as each co-conspirator continues to adhere to the agreement, not merely until the conspiracy is complete.
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