When assessing the objective seriousness of an offence of specific intent such as s 33(1)(a) of the Crimes Act 1900, the deliberate and intentional nature of the offender's conduct cannot be treated as an aggravating factor because specific intent is an element of the offence. Probable frontal lobe damage from prior head injuries contributing to diminished capacity for self-control is a highly relevant mitigating factor that must be taken into account in sentencing, even where the opinion is expressed as a 'clinical suspicion' rather than with medical certainty. A discount for a plea of guilty must be reflected in the non-parole period, and a finding of special circumstances must be adequately reflected in the ratio of the non-parole period to the total sentence.
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