Where an offender has severe intellectual disability, a sentencing judge cannot infer that the offender had sufficient insight to recognise the need for help after prior incidents of loss of control, absent psychiatric evidence supporting that inference. Retribution in sentencing must be assessed by reference to the offender's moral culpability as diminished by mental impairment; retribution without reference to moral culpability is more reflective of vengeance than proportionate punishment. The Verdins principles on mental impairment and sentencing are applicable in NSW.
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