A sentencing judge is not obliged to accept assertions made from the Bar table even if unchallenged by the prosecution, but must disclose any inclination to reject such assertions and afford the offender a reasonable opportunity to provide supporting evidence. The word 'may' in s 132C(2) of the Evidence Act 1977 (Qld) confers a discretion, not an obligation, to act on unchallenged allegations of fact. Where an assertion is peculiarly within the offender's knowledge and the judge has reason to doubt it, the offender should be given the opportunity to support the assertion by evidence or sworn testimony.
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