Where a sentencing judge indicates during submissions that a psychological report's factual account will not be rejected, and then rejects it in sentencing remarks, this constitutes a denial of procedural fairness. The 'typical' or 'common' case is not necessarily a mid-range case; comparing offending to what is commonly seen risks distorting the assessment of objective seriousness. A disadvantaged background (Bugmy factors) may reduce moral culpability even for planned offences, not only spontaneous crimes of violence.
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