Where an offender's mental health condition (particularly PTSD arising from prior custodial experiences) is the subject of significant oral submissions regarding the onerousness of a future custodial sentence, the sentencing judge must explicitly engage with that submission — even if only briefly — and either accept it as mitigatory or explain why it is rejected; a general statement that all matters have been taken into account is insufficient.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
7 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.