R v GBR

• 1. Criminal Law
  2. › Appeal and new trial
  3. › Appeal against sentence
  4. › Grounds for interference
  5. › Failure to take into account material consideration
  6. › Mental health conditions of offender
  7. › Whether sentencing judge failed to have regard to mental health diagnosis, untreated condition, and rehabilitation prospects
  8. › Whether error in sentencing discretion established
  9. › Youth Justice Act 1992 (Qld), s 227(1)
• 1. Criminal Law
  2. › Appeal and new trial
  3. › Appeal against sentence
  4. › Grounds for interference
  5. › Matters not raised at first instance
  6. › Whether appellate court should entertain arguments not advanced on the plea
  7. › Whether failure to take matter into account can be established where relevant submissions not made below
• 1. Criminal Law
  2. › Sentencing
  3. › Factors in mitigation
  4. › Mental health conditions
  5. › Impaired mental functioning at time of offending
  6. › Relevance of nature, extent and effect of condition rather than diagnostic label
  7. › Whether psychologist's opinions based on factual assumptions contrary to agreed facts could reduce moral culpability

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