The two-limb test from R v Smith for ill health as a mitigating factor in sentencing requires either that imprisonment will be a greater burden on the offender by reason of health, or that there is a serious risk of imprisonment having a gravely adverse effect on health. Even where the first limb is satisfied (imprisonment more burdensome), this is merely a mitigating factor to be weighed against countervailing factors such as seriousness of offending and criminal history, and does not compel suspension of the sentence. The duty to manage a prisoner's medical condition falls on Correctional Services authorities.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.