A sentence of eight and a half years' imprisonment (with parole eligibility after four years) for grievous bodily harm simpliciter is within the available range where the offence involves the use of a weapon (hammer), catastrophic permanent brain damage, an unexplained and unprovoked attack, and the absence of a guilty plea. The sentencing ranges for grievous bodily harm simpliciter and grievous bodily harm with intent overlap, and severe sentences for the former are available in serious cases. A sentencing judge is not compelled to accept an accused's evidence merely because rejecting it leaves the factual basis for the jury's acquittal on the more serious charge unexplained.
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