A sustained history of domestic violence suffered by the offender, combined with mental health issues (including suicide attempts) and the impact of imprisonment on dependent young children, can collectively constitute 'truly exceptional circumstances' justifying a non-custodial sentence for maliciously inflicting grievous bodily harm under s 35 of the Crimes Act 1900 (NSW), even where the offence results in very serious injury (loss of an eye) and the offender has prior assault convictions. However, the Court signalled that such leniency may not be extended if the offender reoffends.
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