Where a sentencing judge finds that an offender's moral culpability is reduced due to a dysfunctional background, the judge must either explain how that finding was taken into account or the sentence must reflect the finding. Indicative sentences at or near the maximum penalty for offences not at the top of the range of objective seriousness are inconsistent with such a finding and indicate the finding was given no weight. However, in domestic violence cases, the mitigatory effect of reduced moral culpability may be counterbalanced by the need for community protection and personal deterrence, provided this is articulated.
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