An indicative sentence that is discordant with the sentencing judge's own finding of objective seriousness, particularly where there is no standard non-parole period to operate as a legislative guidepost, may constitute error infecting the aggregate sentence. The 'problematic' 80% SNPP for s 61M(2) offences should not be given undue weight in the exercise of instinctive synthesis. The R v NZ preferred procedure for replaying video evidence during deliberations remains non-prescriptive and discretionary; failure to remind the jury of inconsistencies does not constitute a miscarriage of justice where the trial was short and the defence submissions were fresh in the jury's minds.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
3 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.