An offender relying on antisocial personality disorder as mitigating sentence must adduce expert evidence proving on the balance of probabilities that the APD impaired mental functioning to such an extent as to reduce moral culpability; a mere causal link between APD and offending is insufficient. The amount defrauded in a dishonesty offence will often be important in assessing gravity, and neither Nikaghanri nor McNamara establishes that the benefit obtained is immaterial. Whether APD engages the Verdins sentencing principles in Western Australia remains an open question.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.