Citing R. v. Hilbach, Fairburn ACJO stated: "The Supreme Court recently acknowledged that underlying mental health issues may serve a mitigating role in sentencing without any mention that there must also be evidence that a lengthy sentence would have a negative impact on the offender".

While Fabbro requires that both factors be present, it is worth noting Fairburn ACJO's comments in R. v. Husbands, 2024 ONCA 155, at para. 88: www.canlii.org/en/on/onca/d...

I agree that it would make more sense for moral blameworthiness and negative impact to be considered as distinct factors, each of which might justify a lower sentence.

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