A sentencing judge assessing the mitigatory effect of delay is not only entitled but bound to consider the extent to which the accused had control over the length of the delay. The observation in Chandler that, apart from deliberate delaying tactics, there is no occasion to investigate reasons for delay does not prevent a sentencing judge from identifying the circumstances giving rise to delay. The reasons and circumstances surrounding delay must be examined in each case. A sentence of 9 years' imprisonment for intentionally causing serious injury in circumstances of gross violence was upheld for an unprovoked, prolonged (18-minute) assault on a defenceless victim in a public place.
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