The word 'compelling' in s 10A(2)(e) of the Sentencing Act 1991 connotes powerful circumstances wholly outside 'run of the mill' factors typically present in offending of the relevant kind. To establish 'impaired mental functioning' under s 10A, an offender must adduce clear and convincing evidence of a medical condition at the time of the offence; a forensic psychologist's report that does not clearly demonstrate a 'medical condition' within the statutory definition is insufficient. Parity with a co-offender is not excluded as a matter of law from the factors that may constitute a 'special reason' for departing from the mandatory minimum non-parole period, but routine mitigating factors such as delay, personal circumstances and guarded rehabilitation prospects, whether viewed individually or cumulatively, will not discharge the heavy burden imposed by the legislation.
The full text is available to signed-in members, including the 77 later cases that cite this judgment.
12 of the 77 citing cases carry a classified treatment. How each court treated it is available to signed-in members.