Where a sentencing judge has found the s 5(2H)(c)(ii) exception (impaired mental functioning) to be satisfied for a category 2 offence, a failure to also find the s 5(2H)(e) exception (substantial and compelling circumstances) has no practical implications for sentence, as both exceptions serve the same purpose of permitting a non-custodial sentence. A sentence of 10 months' imprisonment with a 2-year CCO for dangerous driving causing death by a youthful first offender with PTSD and low moral culpability was held to be lenient rather than excessive.
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