A sentencing judge may find that an assault was intentional without infringing the De Simoni principle, provided the finding does not extend to the mental element of the more serious charge originally laid. Where a sentencing judge states an intention to set a particular ratio between custodial and parole periods but the actual orders do not achieve that ratio due to partial accumulation, the CCA will intervene to correct the anomaly.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.