Where a sentencing court relies on assurances from Justice Health about conditions of custody for an aged or infirm offender, and those assurances prove unrealised, the Court of Criminal Appeal will receive post-sentence evidence and may resentence. Long-term possession of child abuse material charged as a single-day offence is properly treated as a matter disentitling the offender to leniency (neutralising any claim of isolated offending) rather than as a circumstance of aggravation increasing objective seriousness.
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3 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.