Where a sentencing judge is not satisfied beyond reasonable doubt of an aggravating circumstance (such as motive of sexual gratification or a more culpable state of knowledge of non-consent), the appellate court will not set aside that finding merely because it considers it 'unduly generous'. The failure of Justice Health to provide timely medical care for serious illness during custody is a legitimate basis for finding that imprisonment is significantly more onerous and for imposing a more lenient sentence. Labels used to place offending on a notional scale of objective seriousness do not have inherent meaning and cannot of themselves disclose error; the substance of the assessment lies in the judge's full exposition of relevant circumstances.
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