An offender's developmental disability and low intellectual functioning, where causally related to the commission of the offence, mitigate the objective seriousness of the offence for the purpose of assessing where the offence falls relative to the standard non-parole period. A sentencing judge must make an unambiguous finding about whether the offence is in the middle of the range or above or below it, and must not commence with the standard non-parole period and oscillate about it by adding or subtracting factors.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.