Conditional liberty is not relevant to the assessment of objective seriousness of an offence but may be taken into account as a general aggravating feature. An offender bears the onus of establishing that protective custody involves more onerous conditions than the general prison population, and the assumption that this is the case is no longer valid. A finding of special circumstances and the extent of any adjustment to the statutory proportion are discretionary matters with which an appellate court will not lightly interfere.
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