Where an offender's capacity to exercise sound judgment is impaired by a dysfunctional and deprived background, and that impairment is worsened by mental illness, general deterrence will often have a lesser role in sentencing and the offender may not be a suitable vehicle for general deterrence. A District Court dealing with a severity appeal from the Local Court cannot include the Local Court offences in an aggregate sentence that exceeds the Local Court's jurisdictional limit of 5 years under s 53B of the Crimes (Sentencing Procedure) Act 1999 (NSW).
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