Where an offender's intellectual disability is causally related to the offending, factors that would ordinarily aggravate moral culpability under the Whyte guideline (such as the number of persons put at risk and multiple deaths) may not do so to any significant degree where the offender's capacity to evaluate risk was compromised. General deterrence is moderated but not entirely neutralised in such cases. Disregard to public safety under s 21A(2)(i) is an inherent feature of s 52A offences and cannot be separately counted in aggravation. Where separate offences involve separate victims, taking multiple victims into account under s 21A(2)(m) constitutes impermissible double counting.
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