Hurkmans v R

• 1. Criminal Law
  2. › Appeal
  3. › Appeal against sentence
  4. › Sentencing discretion
  5. › Failure to take into account material consideration
  6. › Mental health conditions
  7. › Whether sentencing judge required to separately consider mental health as basis for reduced moral culpability where duress already found
  8. › Crimes Act 1914 (Cth), s 16A(2)(m)
  9. › Criminal Code Act 1995 (Cth), ss 307.5, 400.4
• 1. Criminal Law
  2. › Sentencing
  3. › Moral culpability
  4. › Mental health conditions
  5. › Non-exculpatory duress
  6. › Two separate bases for reduced moral culpability
  7. › Whether finding on one basis absolves sentencing judge from addressing the other
  8. › Direct nexus between mental health and offending
• 1. Criminal Law
  2. › Sentencing
  3. › Duty to give reasons
  4. › Adequacy of sentencing remarks
  5. › Failure to address submission supported by evidence
  6. › Whether reasons adequate to demonstrate absence of error

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