A statement by a co-offender made in the accused's absence ('I'm going to go and get my father to get you') is admissible as original evidence of a circumstance from which common purpose may be inferred. For assault occasioning bodily harm in company where the accused's role was secondary and injuries were not serious, a sentence of 12 months imprisonment suspended after four months may be manifestly excessive. The judges disagreed on whether time spent on bail pending appeal is a relevant factor in resentencing.
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