A punch thrown in circumstances where both parties were 'up for a fight' should not be characterised as 'gratuitous' for sentencing purposes, as that term connotes an entirely unprovoked, unexpected and completely senseless act. For assault occasioning bodily harm involving a single punch in a mutual confrontation, where the offender has good antecedents, pleaded guilty at the first reasonable opportunity, and the victim made a full recovery, a suspended term of imprisonment rather than immediate imprisonment may be the appropriate disposition.
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