A sentencing judge must sentence on the basis of the agreed statement of facts and cannot find premeditation (even 'no significant premeditation') where the agreed facts establish that the common unlawful purpose was formed only at the moment the offender arrived at the scene. For grievous bodily harm with intent under s 8 common purpose liability, where there is no premeditation, no planning, and the offender was not the principal offender, a sentence of six years imprisonment is appropriate where comparable home invasion cases with premeditation attracted sentences of five to seven years.
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