A court of criminal appeal will not assess a conviction appeal by reference to a defence theory (here, reckless indifference to human life) that was never raised at trial by either party, where no directions were sought or given on that issue. On sentence appeals, the risk of institutionalisation cannot be raised for the first time on appeal where it was not put to the sentencing judge and there was no expert evidence supporting it. A finding of objective seriousness is reviewable only by reference to House v The King principles.
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