Recognition of a mental condition in DSM(IV) does not automatically mean that condition attracts the sentencing principle that less weight is to be given to general deterrence; the character of the particular condition must be assessed. Antisocial Personality Disorder may actually increase the weight to be given to community protection. Where a sentencing judge intended sentences for different offences to have coinciding release dates and a related sentence is subsequently varied on appeal, the Court of Criminal Appeal has discretion to adjust the sentence to restore the original intention, but will decline to do so where the offences are entirely unrelated and the offender has not demonstrated significant steps toward rehabilitation.
The full text is available to signed-in members, including the 36 later cases that cite this judgment.
13 of the 36 citing cases carry a classified treatment. How each court treated it is available to signed-in members.