A sentencing judge is not required to make an express finding as to reduced moral culpability where the judge's reasons demonstrate awareness of the offender's mental illness and its relationship to the offending; it is sufficient that the judge's analysis shows the competing considerations were weighed. When assessing the objective seriousness of an offence involving a victim with a cognitive impairment, the sentencing judge may have regard to the victim's vulnerability in the circumstances of the offence without impermissibly double-counting an element of the offence, provided the focus is on the offender's actions and the situational vulnerability rather than the disability itself.
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