An applicant who fails to adduce evidence of mental illness or make submissions about a causal nexus between mental condition and offending at the sentencing hearing cannot establish that the sentencing process miscarried on that basis on appeal. The weight to be given to good character is a matter for the sentencing judge, and whether it was sufficiently considered is assessed by examining the sentence ultimately imposed. Sentencing statistics and comparative cases are of limited utility in sentencing appeals for domestic violence offences given the variety of factual circumstances.
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