- Mihelic v R  NSWCCA 2
- AB (A Pseudonym) v R (No 3)  NSWCCA 46
Mihelic v R  NSWCCA 2
Sentencing – remorse – procedural fairness – the rule in Browne v Dunn
The CCA has considered circumstances in which it might be an error for a sentencing judge to fail to take sworn evidence of remorse into account – and in the process, seems to have pushed at an open door by saying that a failure by the Crown to cross examine might be used against them.