Where a sentencing judge erroneously finds an offence was committed while at conditional liberty and overlooks psychiatric evidence of a causal connection between mental illness and offending, those errors favour the appellant on a sentence appeal and may neutralise a Crown appeal against inadequacy, even where the departure from the standard non-parole period is substantial. The mere fact that a sentence is served on protection does not automatically mitigate penalty; evidence of the precise impact of that classification is required.
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