A head sentence imposed by a Court of Summary Jurisdiction should be assessed against the maximum penalty for the offence, not the jurisdictional limit of the court, because the court always has the power to remand for sentence by the Supreme Court. There is no presumption in favour of imprisonment for assault offences, but deterrence may justify imprisonment even for a first offender where the offending involves sustained violence under the influence of alcohol. Sentencing statistics are very desirable on appeals alleging manifest excess, but the appellate court may rely on its own knowledge of sentencing patterns in their absence.
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