The status of Court of Appeal 'principles' about the use of photographic evidence (as collated in Goode v Angland) is open to question under s 9(1) of the Evidence Act 1995 (NSW), and the CCA has no authority to direct sentencing judges as to the weight to attach to particular categories of evidence such as photographs. The controversy between the O'Donoghue 'open' test and the Hordern 'mistaken' test for reviewing sentencing factual findings remains unresolved. Where an offender's mental illness is causally linked to offending through drug use, the sentencing judge may find specific deterrence 'fully engaged' if the drug addiction is largely unresolved, notwithstanding that the offender is drug-free in custody.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.