A victim impact statement, being unsworn and untested by cross-examination, cannot alone prove beyond reasonable doubt that harm caused by an offence was more substantial than ordinarily expected, particularly where the victim's credibility is in doubt. Considerable caution is required where the facts attested to are in question, the victim's credibility is in question, the harm asserted goes beyond what might ordinarily be expected, or the victim impact statement is the only evidence of harm. Crown appeals must identify a sentencing principle sought to be established, not merely hypothesise that erroneous weight was attributed to sentencing considerations.
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