A sentencing judge who applies a guideline judgment such as Hogarth v The Queen without adequately distinguishing the circumstances of the individual case commits specific error. Where an offender's moral culpability is significantly reduced by mental health conditions including borderline personality disorder, depression, and anxiety, and the offending is spontaneous rather than planned, a sentence for aggravated burglary must reflect those mitigating factors rather than starting from the guideline and discounting. Hardship to a prisoner's family is only relevant to sentencing if the hardship is exceptional, and there is no residual discretion to exercise mercy if that threshold is not met.
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