A sentencing judge is not precluded from applying Verdins principles merely because the expert psychologist's report states that Verdins 'may apply' rather than that it 'should apply'. The qualified language reflects the proper demarcation between expert evidence and the judicial role. Where the factual basis for Verdins is established in the evidence, the question whether the principles are engaged is for the judge to determine, regardless of how the expert or defence counsel characterises the applicability of Verdins.
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