A sentencing judge is not required to find an offender an inappropriate vehicle for general deterrence by reason of mental illness where no such submission was made below, and the failure to raise this issue does not constitute a serious injustice where the judge made findings consistent with the submissions actually advanced. A Crown statement during sentencing submissions that one count 'of the three falls at the lower end' may be an acknowledgement of relative seriousness among counts rather than a concession as to objective seriousness within the range for that offence.
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