The Verdins/Tsiaras principles concerning impaired mental functioning apply equally to intellectual disability, but where an offender is sentenced as a serious sexual offender under Part 2A of the Sentencing Act 1991 (Vic), the statutory obligation under s 6D(a) to regard community protection as the principal purpose of the sentence cannot be overwhelmed by mitigating factors relating to intellectual disability. A sentencing judge must conduct a risk assessment and give adequate reasons explaining how the various factors were brought to bear on the sentencing decision. A sentence of 3 years 4 months for violent rapes by an offender on bail with prior convictions for violence against women, no guilty plea, no remorse, and a high risk of re-offending was manifestly inadequate even allowing for mild intellectual disability.
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