Gratuitous cruelty under s 21A(2)(f) requires that the infliction of pain be an end in itself — needless yet intentional violence committed simply to make the victim suffer — and in offences which are of their nature violent (such as wounding), there must be something more than the absence of justification for causing pain. On a charge of malicious wounding, the sentencing judge may not take into account injuries that are not wounds and are more serious than the wounds, as this would eradicate the distinction between wounding and grievous bodily harm offences under s 35. Where offences are before the District Court only because of a more serious charge that was not pursued, the reduced Local Court maximum penalties are of particular relevance.
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