Additional psychiatric evidence establishing a mental illness not found by the sentencing judge will not give rise to a miscarriage of justice where the illness was in remission at the time of offending, was not causative of the offending, and does not make imprisonment more arduous. Protective custody conditions that differ only marginally from mainstream conditions (such as inability to access a self-care unit) are not materially more arduous and do not warrant sentencing mitigation.
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