A sentencing judge is not obliged to accept an offender's evidence merely because no witness is called to controvert it; the distinction between 'unchallenged' and 'uncontroverted' evidence is material. General deterrence may properly be taken into account when sentencing an offender with mental illness, depending on the facts and circumstances. Comparable sentences from the CCA may be used to indicate the range of appropriate sentences but a sentencing judge who treats a comparable sentence as a benchmark to be replicated would fall into error. Practitioners should ensure statements of agreed facts are signed and disputed facts are identified with precision.
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