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Crown prosecutor John Sfinas said that happened all the time and the special or exceptional circumstances raised by Cunneen were not covered by the legislation.
Cunneen was scheduled to appear in court on Tuesday on the new manslaughter charge and already faced a mischief under $5,000 charge.
However, it meant a "baying mob" had become involved in a "toxic" social media campaign in response to his crimes, committed over 30 seconds by someone with no other criminal history, Cunneen said.