Application of the Bugmy principles regarding a background of social deprivation is not discretionary; a sentencing judge may not decline to apply them. It is not necessary to establish a causal link between the offender's dysfunctional upbringing and the specific offending as a precondition to mitigation. The weight to be given to such factors remains a matter of evaluation. Backdating a sentence commencement date into the balance of parole period while also making a finding of special circumstances to reduce the non-parole period constitutes impermissible double counting where the combined effect negates the balance of parole entirely. Proper accumulation requires reflection of separate criminality between unconnected tranches of offending.
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