A sentence of 9 months' immediate imprisonment for assault occasioning bodily harm under s 317(1) of the Criminal Code (WA), where the offender initiated the violence, the victim was rendered unconscious for 17 minutes and sustained injuries at the higher end of bodily harm, and there were significant mitigating factors including no prior record, excellent character, remorse, and a 25% plea discount, was not shown to be strongly arguably manifestly excessive as to type so as to justify bail pending appeal. The disparity between the appellant's immediate imprisonment and a co-offender's suspended sentence was not strongly arguably unjustified given the significant differences in the severity of injuries inflicted and the appellant's role in initiating the violence.
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