A sentencing judge must first determine the appropriate term of imprisonment before considering whether to suspend the sentence, and must not shorten the term to bring it within the two-year limit for suspension. However, Adams J (in separate reasons) suggests this strict requirement should be reconsidered, arguing the term need only be appropriate if it comes to be served. For offences of malicious infliction of grievous bodily harm involving weapons, premeditation, and sustained violence in company, a suspended sentence is likely to be manifestly inadequate notwithstanding strong subjective features including good rehabilitation prospects.
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