Where an offender suffers from active schizophrenia at the time of offending that is insufficient to constitute a defence under the Criminal Code (Tas) s 16, the sentencing judge is entitled to give significant weight to diminished responsibility in assessing culpability and determining the head sentence. The demands of general deterrence rarely outweigh those of treatment where a clear case for psychiatric treatment can be established. Where the physical violence constitutes an element of two distinct crimes but remains a single act, the global sentence should reflect the overlap in criminal conduct.
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