The relevant comparison when assessing whether custodial conditions are onerous for sentencing purposes is between the offender's conditions and those of the general prison population, not between persons convicted of similar offences housed in the same facility. An offender who seeks a significant sentencing reduction on account of onerous custodial conditions must adduce evidence of those conditions; a psychologist's report based on the offender's self-report, without corroborating evidence from correctional staff, may be insufficient to establish the matter as more than a minor mitigating factor.
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