Sometimes, people's intellectual capacity may be so diminished that they difficulty distinguishing between right an wrong. There may be a psychiatric evidence that the offender acts impulsively without considering the consequences. In some cases it can be demonstrated that the offender is easily led by older or persuasive co-offenders. Courts are also required to consider any special problems the offender may face in the event of being required to serve a full-time sentence of imprisonment. The special problems may be so severe that the court may opt for home detention or periodic detention.
Judges apply several other principles in deciding what is an appropriate sentence.
There is a principle where all other things being equal, two persons equally involved in the commission of the same offence will be dealt with similarly. For offenders who have committed more than one offence, the courts calculate whether the sentence should be concurrent or cumulative, or a mixture of both. Courts also need to consider what conditions should be attached to parole. Parole is a valuable rehabilitation tool as it helps a person to readjust to the community and ensures continuing supervision and support. Judges are accountable for their decisions through an appeal process.