Where a forensic psychologist's report is tendered without objection or cross-examination, and there is no obvious reason for rejecting the diagnosis, the sentencing judge must give some weight to the opinion and make findings about the offender's mental condition. Failure to do so constitutes error under s 16A(2)(m) of the Crimes Act 1914 (Cth). The three ways in which mental illness may mitigate sentence are: (1) reduced moral culpability where mental illness contributes to the offence; (2) rendering the offender an inappropriate vehicle for general deterrence; and (3) custodial sentence weighing more heavily on a mentally ill person.
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