Where a jury returns a verdict of manslaughter based on substantial impairment under s 23A of the Crimes Act 1900 (NSW), the sentencing judge must act consistently with the jury's verdict and cannot, through questioning of experts at the sentencing hearing, effectively undermine the factual basis of unchallenged expert opinions that the jury must have accepted. A sentencing judge who takes over the leading of evidence, questions the basis of unchallenged expert opinions, and expresses strong adverse opinions about the offender — particularly in the offender's absence — risks giving rise to a reasonable apprehension of bias sufficient to vitiate the sentencing process.
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
9 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.