A sentencing judge must not sentence an offender on the basis that they committed a more serious offence than the offence of which the jury convicted them. Where the sentencing remarks reveal that the judge treated the offender as having intended to cause grievous bodily harm (s 317, maximum life imprisonment) when the jury convicted only of doing grievous bodily harm (s 320, maximum 14 years), this constitutes an arguable error in the exercise of the sentencing discretion warranting leave to appeal.
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