A psychologist's report attributing family violence offending to substance abuse and depression does not constitute admissible fresh or new evidence on sentence appeal where the substance abuse cannot mitigate the offending and the report does not establish a sufficient basis for the application of R v Verdins principles; and post-sentence visa cancellation, while making imprisonment more burdensome, will not warrant a different sentence where the offending is serious and mitigating factors are limited.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.