Provocation by a victim, while it may explain violent offending, does not excuse it and has limited mitigating effect where the offender arms himself, recruits assistance, and invades a home to assault the victim. Offences of aggravated burglary and intentionally causing serious injury ordinarily require immediate imprisonment. However, a Crown appeal may be dismissed in the exercise of discretion even where the sentence is found to be manifestly inadequate, where the Crown does not seek immediate imprisonment on re-sentencing, parity with an unchallenged co-offender's sentence is relevant, and the respondent has been at liberty.
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