Where an offence is charged under s 61M(2) of the Crimes Act 1900 (NSW) in reliance upon s 80AF, and the agreed facts leave it uncertain whether the offence was committed before or after 1 December 2018 when the standard non-parole period was removed, the standard non-parole period does not apply. Where Borderline Personality Disorder is diagnosed and the medical evidence establishes a causal connection to the offending, the sentencing court must recognise the reduction in moral culpability and give significant weight to rehabilitation, particularly where effective treatment is only available outside custody.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.