The use of drugs as self-medication for trauma (including post-traumatic stress disorder from war or torture) does not of itself constitute a mitigating factor warranting leniency under R v Henry [273]; the passage identifies only possible subjective circumstances to be taken into account in a limited way. A sentencing judge cannot use the self-medication characterisation as an 'escape clause' to elevate subjective considerations above the objective seriousness of the offence. Where a co-offender's sentence is driven primarily by assistance to authorities, that sentence does not provide a benchmark for sentencing other co-offenders whose subjective features are materially different.
The full text is available to signed-in members, including the 51 later cases that cite this judgment.
12 of the 51 citing cases carry a classified treatment. How each court treated it is available to signed-in members.