The 'impaired mental functioning' exception in s 5(2H)(c)(ii) requires a diagnosed mental illness at the time of sentence; sub-clinical symptoms that may worsen in custody are insufficient. The phrase 'exceptional and rare' in s 5(2H)(e) is a composite test meaning circumstances wholly outside the ordinary factors typical of the relevant offence. For dangerous driving causing death, the frequently recurring features of youth, good character, remorse, and anxiety/PTSD symptoms cannot satisfy the 'exceptional and rare' requirement. The two-step inquiry under s 5(2H)(e) — first 'substantial and compelling', then 'exceptional and rare' — involves an evaluative judgment unaffected by notions of burden of proof, and circumstances may engage the exception in combination even where individually common.
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