Even where extreme provocation by way of sexual assault upon the offender is established, the objective seriousness of an offence of maliciously inflicting grievous bodily harm with intent (maximum 25 years) requires at minimum a formal sentence of imprisonment. A sentencing judge must work through the statutory alternatives under the Crimes (Sentencing Procedure) Act 1999 (NSW) in sequence, and where the objective gravity of the offence precludes alternatives short of imprisonment, must impose a sentence of imprisonment even if it is then suspended. Sully J's observations on general deterrence in the context of violent retaliation to homosexual advances signal judicial concern about the increasing invocation of such defences.
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