Timothy Marsh

And so I don't know why it's so confrontational to people to think that a person will be sentenced as the complete person, taking into account all of the factors that are relevant to their life, because it doesn't presuppose a more lenient outcome.

It's never been an issue and I think the... I don't even just mean you and the pathologist.

Well, that's right.

Yeah, of course.

Right.

Well, I mean, one thing that Jo's just touched on is that we talk, and it's something that is perhaps not done as often or as much as it should be done, but defence practitioners can and do call the Victorian Institute of Forensic Medicine and ask to speak to the pathologist who wrote the report.

And it ought to be routine.

So I will always do it.

I'll always speak to the pathologist at the very least to introduce myself and say, hey, we've got this thing coming up.

I will tell them what the issues are.

This is what I want to be asking you about.

If there are areas where I think there might be the possibility of a bit of wiggle room in the opinion, I will ask them, is that something that you're absolutely certain about?

And the answer I will often get is, well, look, you know, maybe not absolutely certain.

There's probably, you know, I consider these other alternatives.

And that's gold.

I mean, they will help me do better cross-examinations.

Yeah, it is.

And I think the context for me is unavoidable.

The context is in fact the entire case.

Yeah.