In NSW sentence appeals, challenges to factual findings by a sentencing judge are to be assessed by asking whether the finding was 'reasonably open', not by the more stringent O'Donoghue test of whether there was 'no evidence' to support the finding. The O'Donoghue test should no longer be followed.
The full text is available to signed-in members, including the 35 later cases that cite this judgment.
28 of the 35 citing cases carry a classified treatment. How each court treated it is available to signed-in members.