A sentencing court may take into account the interplay between an offender's mental health issues, alcohol addiction and deprived childhood in assessing moral culpability without contravening the prohibition on treating self-induced intoxication as a mitigating factor under s 21A(5AA) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Sustained rehabilitation progress in the community may justify the exercise of the residual discretion to decline to interfere with a manifestly inadequate sentence on a Crown appeal.
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