A sentencing judge is not bound by a Crown concession that a particular sentencing option would not be manifestly inadequate, and retains an overriding obligation to impose a sentence reflecting the overall criminality. Where an offender seeks to rely on protective custody conditions in mitigation, evidence of the likely conditions of imprisonment must be led at the sentencing hearing; failure to do so will preclude reliance on that factor on appeal. Where an offender's mental health issues contributed to offending but the offender acted with full knowledge and appreciation of the seriousness of the conduct, the weight to be given to mental health factors in sentencing is reduced.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.