Where a sentencing judge erroneously takes an offence into account both on a Form 1 and as a related offence on a s 166 certificate, the appellate court must re-sentence in accordance with Kentwell, but the appeal will be dismissed if the same sentence is appropriate on re-exercise. A causal connection between mental illness and offending under De La Rosa principles will not be established where the evidence shows the offender also made conscious decisions to retain prohibited items based on non-pathological motivations such as sentimental attachment.
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