Section 16BA(1) of the Crimes Act 1914 (Cth) does not require the sentencing court to personally and verbally ask a represented offender whether he or she admits guilt and wishes additional offences taken into account; the offender's admission and wish may be communicated through properly instructed counsel. Purves v R [2019] NSWCCA 227, which held otherwise, should not be followed. The term 'victim' in s 16AAA of the Crimes Act 1914 (Cth) is to be construed broadly and encompasses a person recruited and manipulated by the offender to facilitate the offending, even where that person's involvement was ostensibly voluntary.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
4 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.