For an offender with a mental disorder or severe intellectual handicap who is not mentally ill, general deterrence is sensibly moderated but not eliminated. Whether a psychiatric condition should reduce or eliminate general deterrence depends on the nature and severity of its symptoms and its effect on the mental capacity of the offender. A sentence of four years and three months with a three-year non-parole period for a violent stranger rape by a borderline mentally retarded offender with attention deficit disorder was held to be lenient and well within range.
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