Where an offender's mental impairment has a causal connection to the offending, the impairment reduces moral culpability and thereby the objective seriousness of the offence — it is not merely a subjective circumstance. The Crown's characterisation of mental impairment as solely a subjective factor was rejected. A sentence of two years' imprisonment (starting point two years and six months) for sexual intercourse without consent under s 54(1) of the Crimes Act 1900 (ACT) was upheld as not manifestly inadequate where the offender suffered from treatment-resistant paranoid schizophrenia causally connected to the offending.
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