Sentencing ranges for recklessly causing serious injury by glassing (as established in Winch v The Queen) do not constrain the sentencing range for intentionally causing serious injury by glassing, because there is a fundamental distinction in culpability between the two offences. A sentence of 4 years and 6 months for ICSI glassing is within range even where the offender has good character, remorse and an early plea. The Court has signalled that a guideline judgment for ICSI may be appropriate given wide and unexplained variation in sentencing for that offence.
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