A sentencing judge may address an offender's physical disability by way of a finding of special circumstances adjusting the non-parole period ratio, and is not required to find that imprisonment would be 'significantly harder' merely because the offender has a 'significant disability'. Where an offender's depression does not have a demonstrated nexus to the drug supply offending (as distinct from drug use), the sentencing judge is not required to reduce moral culpability or the weight given to deterrence. Fresh evidence of accelerated deterioration of a medical condition will not be admitted on appeal where the deterioration was anticipated at sentence and no miscarriage of justice is demonstrated.
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