1Where an offender's autism spectrum disorder, ADHD and related cognitive deficits materially contributed to family violence offending by impairing emotional regulation and interpersonal problem-solving, the Verdins principles may operate to reduce moral culpability, diminish the offender's utility as a vehicle for general deterrence, and support a finding that custody would weigh more heavily on the offender than on a person of average health.
2Family violence choking offences that occur in the context of an offender's diagnosed neurodevelopmental condition and an attempt to flee conflict, rather than as part of a pattern of domination, coercive control or punitive behaviour, may be distinguished from the paradigm of controlling family violence for sentencing purposes, moderating the weight given to general deterrence.
3Where an offender has served pre-sentence custody and subsequently demonstrated sustained rehabilitative effort of his own initiative, the protection of the community may be better served by a non-custodial sentence that preserves that progress rather than one that interrupts it.
