Persistence in a false assertion of self-defence at trial is wholly inconsistent with an assertion of remorse, even where the Crown has indicated it would not accept a plea to a lesser charge. A sentence of one year served plus a deferred sentence on recognisance was manifestly inadequate for an assault occasioning actual bodily harm involving a single punch that caused a fractured skull and brain damage from the resulting fall, where the offender instigated the altercation.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.