A sentencing judge's characterisation of an offence as among the worst of its type, where that characterisation is not supported by the evidence, may demonstrate that the sentencing discretion has miscarried, entitling an appellate court to exercise the discretion afresh. For a first offender of mature age convicted of assault occasioning bodily harm in a domestic violence context, a fully suspended sentence may be appropriate notwithstanding the serious view taken of domestic violence, where the offence was isolated and the injuries were not at the most serious end of the scale.
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