A sentencing judge's finding that reduces moral culpability must be supported by evidence directly related to the circumstances of the offence, not merely general evidence about the victim's behaviour at other times. When assessing objective seriousness of offences against infant victims, the vulnerability of the victim, position of trust, physical disparity, deliberateness of conduct, and cruelty of the manner of infliction must all be weighed alongside the nature and permanence of injuries. An aggregate sentence of 4 years (2 years NPP) for two offences of causing GBH with intent (s 33(1)(b), max 25 years, SNPP 7 years) against a six-week-old infant was manifestly inadequate; the Court resentenced to an effective NPP of 4 years and total sentence of 7 years.
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