Section 9(9A) of the Penalties and Sentences Act 1992 (Qld) does not exclude mitigation for mental health conditions that are causally connected to offending, even in cases of voluntary intoxication. However, the causal link between the mental condition and the offending (as distinct from the voluntary intoxication itself) must be established by the evidence; a diagnosis alone is insufficient. The psychologist's or psychiatrist's report must specifically address the causal connection between the diagnosed condition and the offending conduct on the occasion in question, not merely the offender's general history of substance use.
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4 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.