A witness who refuses to answer questions at trial, even without giving untruthful answers, may be declared hostile where the refusal amounts to deliberately withholding material evidence. The test does not require the witness to have answered untruthfully or revealed an intention to answer untruthfully. Where sexual penetration is committed with a weapon causing severe injuries, it is open to a sentencing judge to categorise the offence as within the worst category of offending, with the consequence that the sentencing range established under transitional provisions is not applicable.
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