A sentencing judge's failure to expressly refer to the transitional provisions of the Sentencing Legislation Amendment and Repeal Act 2003 (WA) is not itself an error, but sentencing judges should expressly refer to those provisions as a matter of best practice. A psychiatric condition can only mitigate punishment where a causal connection between the condition and the commission of the offence is established, reducing the offender's moral culpability. The post-transitional sentencing range for a single offence of armed robbery is 4 to 6 years.
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