An applicant who did not urge Verdins limbs 5 and 6 at the plea hearing, and who had no evidence in the tendered psychiatric or psychological reports to support those limbs, cannot raise them as a ground of appeal. The onus is on the applicant to establish the evidentiary basis for each Verdins limb relied upon. Where an offender's mental illness both diminishes moral culpability and increases the need for community protection, the countervailing considerations may balance each other out, consistent with Veen [No 2], without the sentence being manifestly excessive.
The full text is available to signed-in members, including the 1 later case that cites this judgment.