Where an offender's mental condition is directly causative of the offence, the sentencing judge may give that condition determinative weight, even where the objective seriousness of the offence is very high, resulting in a sentence far below the standard non-parole period. The mental condition of an offender at the time of the offence goes directly to culpability and affects the relative seriousness of the offence under s 21A(c) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Where two highly relevant but incompatible sentencing considerations exist, the court is not required to average between them.
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