Sentencers must carefully weigh the general deterrent and retributive effect of a sentence on an offender who suffers from a mental illness, having regard to all of the circumstances in the case. A sentence imposed with deterrence in view will not be acceptable if its retributive effect on the offender is felt to be inappropriate to his situation and to the needs of the community.
Young CJ, Jenkinson JJ, Higgins CJ, Rares JJ
When re-sentencing an offender for breach of a good behaviour order under s 110 of the Crimes (Sentence Administration) Act 2005 (ACT), the sentencing judge must have before them the material relevant to the original offending and must apply the sentencing principles that applied at the time of the original conviction. The prosecution bears an obligation to ensure such material is available. Where an offender suffers from diagnosed mental illnesses, the sentencing judge must carefully weigh the general deterrent and retributive effect of the sentence, and rehabilitation may be the primary focus.
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