A sentence with a pre-discount starting point of 5 years and 4 months is manifestly excessive for reckless wounding under s 35(4) of the Crimes Act 1900 (NSW) (maximum 7 years) where objective seriousness is assessed as below mid-range, even accounting for a significant criminal record, commission while on an ICO, and the need for personal deterrence. The De Simoni principle is not breached where the sentencing judge demonstrates awareness of the principle and deliberately limits consideration of facts, notwithstanding that both parties erroneously prepared documentation on the basis of a more serious offence.
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