A personality disorder, as distinct from a mental illness, is not a mitigating factor in sentencing because it does not reduce the offender's capacity for judgment, understanding, or ability to control behaviour — it is a description of personality type rather than an illness affecting perception and response. However, Holmes JA declined to endorse this as a general proposition, leaving the question open in other cases. A sentence of four and a half years with 18-month parole eligibility is within range for persistent, sophisticated fraud involving over $340,000.
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