A sentencing judge is not bound to adopt an expert's characterisation of the degree to which a mental condition contributed to offending; the judge may, for valid reasons, assess the reduction of moral culpability at a different level (here, 'moderate' rather than 'significant') where the evidence demonstrates that the offender retained cognitive capacity and acted in a calculated manner. The destruction of evidence during the period of delay may constitute material prejudice to the Crown in extension of time applications. The interests of victims of crime, including their interest in finality, are relevant to the exercise of the discretion to extend time.
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