A diagnosis of pathological gambling disorder does not automatically engage the Verdins sentencing principles. The diagnostic label is only the beginning of the enquiry; what matters is what the evidence shows about the nature, extent and effect of the mental impairment on the offender's mental functioning at the relevant time. Even where such impairment is established, it does not necessarily follow that moral culpability should be reduced or denunciation and deterrence ameliorated — the assessment depends on the facts of each case, including the nature of the offending and the offender's criminal history. Where the Parole Board has not yet cancelled parole, no order should be made under s 16(3B) of the Sentencing Act 1991.
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