APPEALS — crime — appeals against sentence — murder — wounding with intent to cause grievous bodily harm — relative youth — applicant has mental health impairment but no psychotic disorder — sentence judge gave consideration to but did not impose a life sentence due to applicant’s age and mental health

CRIME — whether the sentencing judge gave adequate reasons regarding the meaning of “unwarranted double counting” — no error

CRIME — whether the sentencing judge considered that the applicant’s term of imprisonment could be more onerous than the theoretical inmate — error established

CRIME — whether the sentence judge erred in assessing the applicant’s demeanour — no error

CRIME — whether the learned sentencing judge erred in failing to take into account the applicant’s youth other than for the purpose of consideration of a life sentence — no error

CRIME — appeals against sentence — resentence — a somewhat reduced sentence is warranted having regard to the sentence judge’s error in not considering the impact of the applicant’s mental health on the onerousness of his custody — contra view that despite the error, no other sentence is called for at law having regard to the objective seriousness, consideration of proportionally and specific deterrence in this case

Katherine Fallah successfully represented the Applicant.

Reasons for the decision can be found here.