Where a sentencing judge has taken into account the potential for greater hardship in custody due to an offender's former occupation as a law enforcement officer, post-sentence evidence that such hardship has materialised (including assaults and threats) does not demonstrate that the basis of the sentencing discretion has been undermined or thwarted, and does not constitute a miscarriage of justice warranting the Court of Criminal Appeal's intervention. The principles in DPP (Cth) v De La Rosa regarding mental health conditions on sentence do not operate as absolute rules; where an offender was aware of what he was doing and the consequences, a sentencing judge may find that the reduction in moral culpability flowing from mental health conditions is of limited value.
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