Where a sentencing judge rejects a psychiatrist's conclusion on a critical matter such as whether an offender's mental illness affected their ability to recognise their actions were wrong, the judge must set out reasons for doing so. A sentencing judge must separately address the effect of mental illness on: (1) moral culpability; (2) the additional burden of incarceration; and (3) prospects of rehabilitation. Where delay in entering a guilty plea is attributable to the offender's mental illness, including the need to obtain psychiatric assessment and consider whether a mental illness defence is available, the full 25% utilitarian discount may be appropriate.
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