Where an offender's mental disability renders them prone to commit the type of offence in question and increases the risk of reoffending, the disability is removed as a mitigating factor in sentencing. This does not justify a longer sentence than would otherwise be appropriate, but it removes the basis for a reduction. The applicant's need for supervision and rehabilitative services may support a longer rather than shorter period of detention.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.