A sentencing judge's failure to expressly categorise where an offence lies on the spectrum of objective seriousness is an error of process that does not necessarily render the sentence erroneous, particularly where the judge's assessment of gravity is otherwise apparent from the remarks on sentence. For 'result offences' such as maliciously inflicting grievous bodily harm, the sentencing court is entitled to have regard to the extent of injuries in assessing objective seriousness without contravening De Simoni, provided the injuries are not treated as an additional aggravating factor beyond the elements of the offence.
The full text is available to signed-in members, including the 1 later case that cites this judgment.