The application of Bugmy principles is not binary: where an offender relies on childhood deprivation in the general way (without establishing a causal connection to the offending), the sentencing judge must gauge the extent to which past disadvantage featured in the person's upbringing and impacted the course of their life. A comparison with both the general community and with other offenders may each inform that assessment. A sentencing judge does not err by observing that the deprivation established is not uncommon in the judge's experience, provided this is used to inform the extent of deprivation rather than to dismiss the Bugmy submission.
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