A post-offence reactive mental condition (stress disorder and depression) developed as a direct response to the offending does not require moderation of general or specific deterrence, and is hardly ever likely to qualify as an injury sustained during the offending that could constitute past punishment. The correct statutory provision for considering such a condition is s 5(2)(g) of the Sentencing Act 1991 (Vic), not s 5(2)(db).
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.