The sentence of 4 years 8 months (with 3 years 6 months NPP) for an unprovoked attack causing severe traumatic brain injury was upheld as within the range of the sentencing discretion, notwithstanding it was in the top 7.5% of sentences for the offence. Hulme J's observation that a guilty plea is not inherently an expression of remorse — particularly where entered after adverse indications on evidence and in exchange for the Crown dropping a more serious charge — was not endorsed by the other members of the Court and remains the view of one judge only.
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