There is no 'residual discretion' to exercise mercy on grounds of family hardship where the exceptional circumstances threshold is not met. Reliance on family hardship is itself a plea for mercy, and the exceptional circumstances test is the sole gateway to that discretion. However, the effect on the offender of family hardship (such as anguish at being unable to care for a family member) is a separate conventional mitigating factor not subject to the exceptional circumstances limitation. Whether family hardship amounts to exceptional circumstances is reviewed on the same basis as manifest excess — the finding can only be disturbed if not reasonably open.
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