A conditional release recognizance under s 556B of the Criminal Law Act 1960 (Norfolk Island) cannot extend beyond the head sentence of imprisonment. A sentencing judge must not take into account material from a separate trial of co-accused that was not in evidence at the sentencing hearing. A sentence of three years for assault occasioning actual bodily harm (maximum five years) was excessive where the bodily harm was not at the upper end, the assault was not premeditated, and the offender pleaded guilty.
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