In domestic violence cases, delay in prosecution attributable to the victim's decision not to proceed is a distinctive feature of such offending and does not warrant amelioration of sentence where the offender has not demonstrated rehabilitation, has not suffered anxiety about prosecution, and has not experienced increased hardship. A sentencing judge need not make an express assessment of objective seriousness where the findings clearly indicate the judge's view of the seriousness of the offence. An erroneous recitation of the maximum penalty for an offence constitutes material error requiring resentencing, but the appeal will be dismissed if no lesser sentence is warranted in law.
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