Where an offender refuses treatment for a mental disorder and self-medicates with illicit drugs, the mitigating effect of the mental disorder on deterrence is significantly reduced. There is no absolute principle that a sentencing judge must treat the Local Court maximum as a ceiling where the DPP has elected to proceed on indictment. The proper methodology for sentencing on multiple counts is to determine individual sentences after applying discounts for subjective factors, and then address accumulation, rather than fixing a global accumulated sentence and distributing it across counts.
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