A total cumulative sentence of 12 years for assault causing bodily harm (s 317(1)) and unlawful wounding with intent to cause grievous bodily harm (s 294(1)) in a domestic violence context was manifestly excessive and infringed the totality principle; appropriate sentences were 1 year 4 months and 6 years respectively (totalling 7 years 4 months), applying a one-third discount for early guilty pleas. A sentencing judge may not make a contested factual finding likely to result in a more severe sentence without first conducting a trial of the issue.
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