Where an offender is convicted of both affray and intentionally causing serious injury arising from the same incident, the substantive acts of violence constituting the serious injury offence substantially overlap with the acts creating the terror that is the essence of affray, and cumulation must be limited to avoid double punishment. Cumulation should normally occur upon the most serious individual offence rather than upon a lesser offence. An early guilty plea at committal stage, even absent independent evidence of remorse, warrants significant sentencing discount reflecting acceptance of responsibility and willingness to facilitate the course of justice.
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