1Where a child offender is convicted of murder, youth remains a primary sentencing consideration and rehabilitation is usually more important than general deterrence, but the mitigatory effect of youth diminishes with the seriousness of the offending and is extinguished only in the gravest cases with no realistic prospect of rehabilitation.
2Verdins principles (5) and (6) were engaged where schizophrenia was diagnosed in custody, making imprisonment more onerous and increasing the risk of stress-induced psychotic episodes and self-harm, warranting a reduction in sentence.
3A deeply disadvantaged upbringing involving family violence, sexual abuse of siblings, substance abuse and disrupted schooling reduced the offender's moral culpability by explaining failures in emotional regulation and impulse control, but did not excuse the offending.
Case Details
Citation[2021] VSC 328
CourtVSC
JurisdictionVictoria
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