A miscarriage of justice may be established on sentence appeal where a self-represented accused's failure to adduce psychiatric or psychological evidence was itself a product of cognitive impairment, even where the sentencing judge urged the accused to obtain such evidence. Section 21A(5AA) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not abolish the [name withheld]/[name withheld] principles regarding intoxication in communities where substance abuse is prevalent. Paradoxical disinhibitory reactions to benzodiazepines, affecting only a minority of users, are not 'predictable consequences' of drug use for the purposes of the [name withheld] principle on self-induced intoxication.
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