A post-sentence expert report that could have been provided before sentencing, and which seeks to contest findings that were open on the original material, will not be admitted on appeal as 'new evidence' merely because it is characterised as 'clarification' or 'supplementation' of earlier reports. The NSWCCA will not permit reformulation of the sentencing case through this mechanism. A sentencing judge is not bound to accept a psychiatrist's opinion about the causal role of mental illness in offending where clear CCTV evidence shows composed and deliberate conduct.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
3 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.