Where grievous bodily harm is the culmination of a prolonged attack, the preliminary blows forming part of the same incident may be taken into account as attendant circumstances when sentencing for the charged offence, even if those preliminary blows were not separately charged. Unprovoked, gratuitous street violence resulting in grievous bodily harm warrants a custodial sentence; a sentence of 12 months by way of intensive correction order was manifestly inadequate where the head sentence should have been two years imprisonment. On an Attorney-General's sentence appeal, satisfactory completion of part of an intensive correction order and the double jeopardy principles in Malvaso and Dinsdale may justify wholly suspending the substituted sentence rather than requiring actual custody.
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