An offender's medical condition, even where serious and multiple, cannot become the dominant and controlling factor on sentence at the expense of objective seriousness, particularly where the offender was aware of the conditions when committing the offences and had recent experience of those conditions being managed in custody. The fact that drugs supplied to undercover police will not reach the community is of very limited mitigating weight where the offender intended supply to end users, the non-dissemination was not due to any act of the offender, and the offence was part of an established commercial enterprise. Double counting a medical condition — first to reduce the non-parole period and then to find special circumstances — is erroneous.
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