Victim impact statements and accompanying expert reports can be used to establish substantial emotional harm as an aggravating factor under s 21A(2)(g) of the Crimes (Sentencing Procedure) Act 1999 (NSW), even for offences where physical injury is inherent in the offence definition. A causal nexus between an offender's mental illness and the offending does not preclude significant weight being given to general deterrence; the mental condition is the beginning, not the end, of the relevant inquiry, as it may diminish moral culpability but simultaneously increase the danger posed to the community.
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