A sentencing judge's findings as to an offender's motivation for offending, based on assessment of video evidence and surrounding circumstances, will not be disturbed on appeal unless not reasonably open. An offender's intellectual disability, while relevant to moral culpability and the moderation of deterrence, does not necessarily support a finding that the offending was motivated by fear rather than anger. A sentencing judge is not bound by a prosecutor's concession as to the offender's state of mind.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.