A victim impact statement that confirms other trial evidence about the nature of an assault may properly be used by a sentencing judge to establish the aggravating factor of substantial harm under s 21A(2)(g) of the Crimes (Sentencing Procedure) Act 1999 (NSW). An accused's inability to provide a credible explanation for highly incriminating text messages may justify trial counsel's decision not to call the accused to give evidence, and such a decision will not constitute incompetence of counsel.
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