Where a victim impact statement is almost exclusively directed to offences committed by a co-accused rather than the offence charged against the accused, it is inadmissible under s 8L(1) of the Sentencing Act 1991 and must not be read aloud under s 8Q(2). A sentencing judge's reliance on such inadmissible material will constitute error infecting the sentencing discretion. A single count of common assault arising from a parent's excessive physical discipline of a child, where the offender has no prior convictions and the offence is over a decade old, does not warrant a sentence of imprisonment.
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