If his defence presented it as a mitigating factor for sentencing then the judge is saying that they took it into account so that he doesn’t have grounds for appeal on the basis that his sentencing didn’t account for his disability. Just because the judge took it into account doesn’t mean that he got a lesser sentence because of it.
Couldn’t they just appeal regardless and e.g. argue the judge didn’t take this (in their view) mitigating factor sufficiently into account for sentencing?
If his defence presented it as a mitigating factor for sentencing then the judge is saying that they took it into account so that he doesn’t have grounds for appeal on the basis that his sentencing didn’t account for his disability. Just because the judge took it into account doesn’t mean that he got a lesser sentence because of it.
Do you need any grounds for appeal?
Couldn’t they just appeal regardless and e.g. argue the judge didn’t take this (in their view) mitigating factor sufficiently into account for sentencing?