A sentencing judge's misdescription of an offence near the conclusion of ex tempore remarks will be treated as a mere slip where the offence was correctly identified throughout the rest of the judgment and the correct maximum penalty was applied. When sentencing for reckless wounding in company under s 35(3) of the Crimes Act 1900 (NSW), injuries such as fractures that are associated with the wounding and indicative of the force of the blows may be taken into account, provided they are not treated as amounting to grievous bodily harm. Identical indicative sentences for co-offenders are not justified where one had a substantially lesser role and the subjective circumstances are similar.
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