A sentencing judge who excludes an offender's mental disorder from the sentencing calculus on the basis that it was not causative of the offence commits an error of law that unduly confines the sentencing discretion. Mental disorder is relevant to sentencing as part of the circumstances of the individual case, including as to culpability, rehabilitation, and the weight to be given to deterrence, regardless of whether it caused the offending. However, where the offender acted with knowledge of the nature and gravity of the crime, the reduction in sentence attributable to the mental condition need not be great.
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