The fourth consideration in R v Hemsley (the level of danger the offender presents to the community) is not limited to situations where the mental illness contributed to the commission of the offence. Where an offender's psychotic state is self-induced through deliberate failure to take prescribed medication and engagement in substance abuse, general deterrence remains a relevant and appropriate sentencing consideration. The decision whether to backdate sentences to account for time served on revoked parole is discretionary and need not be exercised where parole was revoked for reasons unrelated to the offences being sentenced.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.