The Verdins Nexus: Assessing the Relationship between Mental Health and Offending for Sentencing Purposes

One of the key issues that arise when sentencing offenders with mental health problems is the impact of an offender’s mental health condition on their moral culpability (Verdins principle 1). In determining whether this is the case, courts look for some kind of causal relationship between the mental health problem and the offending behaviour.

This presentation would look at the various (conflicting) ways in which courts address causation in this context, and would highlight some problems with some recent case law. It would suggest an alternative way in which causation should be addressed by practitioners and experts in the sentencing context. Jamie Walvich and Andrew Carroll both have extensive academic expertise, and practical experience in this area of law.

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