A sentencing judge cannot prefer the evidence of a forensic psychologist who conducted no testing over that of a specialist neuropsychologist who conducted extensive testing, where the untested opinion is based on clinical impression and history alone. Where neuropsychological testing establishes intellectual disability, even without evidence of a causal connection to the offending, the Verdins principles may still be engaged in relation to general deterrence and the increased burden of imprisonment. A renewal of a leave application under s 315(2) of the Criminal Procedure Act 2009 (Vic) is a rehearing, not an appeal from the single judge's refusal; demonstration of error is not required but the single judge's reasons will be accorded some weight where no flaw is discernible.
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