When sentencing for an offence under s 112(3) of the Crimes Act 1900 (NSW), the sentencing judge must take into account which specific circumstance of special aggravation was charged, particularly the distinction between intentional infliction of grievous bodily harm and recklessness as to actual bodily harm. Failure to do so constitutes House v The King error requiring re-exercise of the sentencing discretion. In parity assessments, account must be taken of whether co-offenders were charged with different iterations of the same offence and whether Form 1 offences were dealt with separately or incorporated into indicative sentences.
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