An offender's mental disorders need not amount to a mental illness within the meaning of the Mental Health Act to be relevant to sentencing. The relevance of mental disorder to sentencing transcends the mitigating factor under s 21A(3)(j) of the Crimes (Sentencing Procedure) Act 1999 and extends to moral culpability, general deterrence, specific deterrence, and the weight of custody on the offender. Sentencing judges must give due weight to uncontested psychiatric evidence even where the offender has attempted to manipulate psychiatrists, provided the opinions were not reached as a result of false reporting.
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