When re-sentencing after a successful conviction appeal, the sentencing judge must accurately assess whether the offender's circumstances have genuinely changed since the original sentencing. Where the offender had been found guilty of similar earlier offences at both the original sentencing and the re-sentencing, the offender's character position has not changed and cannot justify a higher starting point. A claim that a sentence is 'crushing' is not recognisable as an independent ground of appeal.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
1 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.