A sentence for malicious wounding under s 35(1) of the Crimes Act 1900 must reflect the actual factual basis upon which the offender is sentenced. Where the sentencing judge rejects the Crown's case that the offender knew of a co-offender's weapon, the sentence must be calibrated to the lesser basis of complicity in a wounding by punch. A split lip caused by a punch is wounding only in the most technical sense, and the maximum penalty of 7 years must be reserved for cases encompassing the use of weapons.
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