Where a sentencing judge is considering actual custody for an offender with significant physical or neurological deficits, a refusal to adjourn to allow evidence about the effect of custody on those deficits deprives the offender of the opportunity to present evidence on a mandatory sentencing consideration under s 16A(2)(m) of the Crimes Act 1914 (Cth), constituting sentencing error warranting re-exercise of the discretion on appeal.
The full text is available to signed-in members.