Group assaults in and around hotels ordinarily warrant terms of imprisonment, even for first offenders of good character and even if wholly suspended, because of the high need for general deterrence. Provocation by the complainant retains residual significance for sentencing but its practical effect diminishes as the assault continues beyond the initial confrontation. Good character, professional standing, and remorse are of more limited weight where the gravity of the conduct and the need for general deterrence are high. Failure to record convictions for serious group violence may itself constitute a miscarriage of the sentencing discretion.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.