Where the Crown concedes at a sentencing hearing that Bugmy principles are engaged to reduce moral culpability, it cannot withdraw that concession on appeal. However, even where Bugmy principles are accepted as applying, the mitigatory effect of drug-induced psychosis is slight where the offender had foreknowledge of the drug's effects on his mental state, and moral culpability may remain high. A sentence of approximately one-tenth of the maximum penalty for intentionally causing serious injury involving a brutal attack causing traumatic brain injury, committed while on a CCO for related offending, was manifestly inadequate.
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