Information advanced to a sentencing court through an agreed statement of facts does not become a factual repository for the court to make of it what it will. It is for the prosecution to allege what is to be inferred from the primary facts, and where no positive allegation is made about motive, the sentencing judge cannot determine that fact. The procedure under s 132C of the Evidence Act 1977 (Qld) is not engaged where the prosecution makes no positive allegation. Where differing versions of relevant events have like probability, the version most favourable to the offender should be accepted.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
5 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.