A sentencing judge is not required to expressly state the standard of proof when making adverse findings of fact, provided the reasons as a whole demonstrate the basis for the finding. Dash cam footage with contemporaneous statements by the offender can provide a sufficient basis for findings of deliberate intent. The question of whether the O'Donoghue constrained approach to factual findings on sentence appeals survives Hordern v R remains unresolved.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.