Where the Crown does not plead a particular factual basis for sentencing (such as a drug-related motive) and the sentencing judge makes no finding on the point, the Court of Appeal will not sentence on that more serious basis, even where the evidence supports the inference. The grant of bail to one applicant pending a sentence appeal should not affect the outcome, though in marginal cases where the time served is close to the appropriate sentence, the Court may fix the time served as the sentence. For assault occasioning bodily harm in company while armed, actual imprisonment is ordinarily within the sentencing discretion but is not mandated, and the combination of youth, guilty plea, good character, good work history, and low re-offending risk may render actual imprisonment manifestly excessive.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.