A sentencing judge's finding that an attack was unprovoked is a finding of fact that will be upheld on appeal if it was open on the material, even where the offender's conduct was motivated by an assault on a close relative. Exchanges between the sentencing judge and counsel or the offender during the sentencing hearing do not provide a basis for establishing error when the remarks on sentence do not support the alleged error. A sentencing judge may take account of s 105A circumstances of aggravation beyond the particularised circumstance in the charge, provided there is no double counting. Judicial questioning of an offender during a sentencing hearing, even if somewhat challenging, will not constitute a denial of procedural fairness where the offender was able to give and respond to evidence and no miscarriage of justice resulted.
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