Hardship to an offender's spouse and unborn child, including financial hardship, social isolation, and mental health difficulties, does not constitute 'highly exceptional' circumstances under the Edwards/Wirth framework where the spouse has some family and community support. A sentencing judge may take such hardship into account as part of the general factual matrix and in finding special circumstances to adjust the non-parole period, even without finding the circumstances 'highly exceptional'. Reactive depression arising after the commission of the offence and from the offender's own conduct is not a major mitigating factor and does not render the offender an inappropriate vehicle for deterrence.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
6 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.