A significant mental disorder can be relevant to sentencing in four ways (culpability, hardship of imprisonment, general deterrence, danger to society), but where the disordered mental state was largely self-induced through voluntary drug use in breach of parole conditions, the mitigating effect is minimal and the self-induced nature may itself be an aggravating circumstance. The Henry guideline for s 97 offences remains a relevant reference point for s 98 offences, indicating a floor below which a s 98 sentence should not normally fall. A sentencing judge who departs substantially from the standard non-parole period must identify the specific factors justifying the departure under s 54B(4).
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