The word 'condition' in s 48(3)(a) of the Sentencing Act 2017 (SA) is directed at cases where the victim's condition influences the defendant's conduct in a real and substantial way that mitigates the gravity of offending — such as where a victim has a terminal illness or profound disability that contextualises the offender's actions. An unknown pre-existing medical condition that merely renders the victim more vulnerable to fatal injury during an assault does not engage s 48(3)(a), because the offender who engages in an unlawful and dangerous act necessarily accepts the accompanying risk to the victim regardless of unknown vulnerabilities. The interaction between s 48(3)(b) (guilty plea as special reason) and s 40 (sentencing discount for guilty plea) was left open.
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