Concurrent sentences of 18 months' imprisonment for domestic assault occasioning bodily harm whilst armed, common assault, and serious assault on police were manifestly excessive where the complainant's provocative conduct precipitated the assault, injuries were minor, the offender had stable employment and was sole carer for children, and the complainant did not wish the offender to be imprisoned. The appropriate disposition was suspension after six months with a three-year operational period. Lawful police use of capsicum spray to subdue an offender cannot be taken into account as a mitigating factor in sentencing.
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