An offender's medical conditions (ADHD and chronic asthma) and the risks of incarceration for a vulnerable and immature first offender may properly support a wholly suspended sentence for aggravated sexual offences assessed as below the middle range of objective seriousness. A trial judge is not required to use the expression 'presumption of innocence' provided strong and clear directions on onus and burden of proof are given. So-called 'uncharged acts' that are in the nature of accompanying or transactional acts forming an inextricable part of the course of conduct do not require tendency reasoning or bad character directions.
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