A wholly suspended sentence for aggravated burglary and recklessly causing serious injury in a domestic violence context, committed in breach of an intervention order, is manifestly inadequate. A declaration of pre-sentence custody under s 18(4) of the Sentencing Act 1991 cannot be made where the sentence is wholly suspended, because s 18(2)(c) excludes wholly suspended sentences from the operation of s 18(1). The question whether pre-sentence custody may be taken into account in other ways for wholly suspended sentences, or on breach, was left open.
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