Whether a mental condition contributes to the commission of an offence in a material way so as to reduce moral culpability is a question of fact, and the onus lies on the offender to establish this. A sentencing judge who takes mental condition into account in multiple ways favourable to the offender (as explanation for drug use, as making custody more burdensome, and as making the offender vulnerable to pressure) has not failed to adequately consider it, even without an express finding of reduced moral culpability. The question whether Muldrock excludes mental condition from the assessment of objective seriousness remains unresolved.
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