A sentencing judge who determines a 'starting point' and then works backwards mathematically to justify an 'end point' for the guilty plea discount commits error contrary to Markarian. For s 112(2) offences, the infliction of actual bodily harm, being an element of the offence, cannot be relied upon as a feature of aggravation to elevate objective seriousness. In domestic violence sentencing, while specific and general deterrence assume particular importance, evidence of victim forgiveness may in particular circumstances be given significant weight despite the general caution required.
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