A sentencing judge's reliance on an incorrect maximum penalty, where the judge expressly treated the maximum as indicative of Parliament's view of the seriousness of the offence, constitutes material error requiring re-sentencing. To enliven the first four Verdins propositions (moral culpability and deterrence), there must be an established evidentiary connection between the mental condition and the offending, and the absence of evidence explaining the interplay between mental illness and concurrent drug use may be fatal to such a submission.
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