There is no rule or principle that the nature of injuries sustained must always be the determining or critical feature when assessing objective seriousness of an offence of recklessly inflicting grievous bodily harm under s 35(2) of the Crimes Act 1900 (NSW). A sentencing judge may give significant weight to the power differential between a correctional officer and an inmate as an aggravating factor sufficient to place the offence in the upper mid-range of objective seriousness even where the injuries are at the lower end of the scale for grievous bodily harm.
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