For offences of recklessly causing grievous bodily harm under s 35(2) of the Crimes Act 1900 (NSW), the nature of the injury is not the sole determinant of objective seriousness; the manner of the attack, degree of violence, whether it was unprovoked, and the vulnerability of the victim are also significant factors. A sentence of 4 years 6 months (before discount) for a single unprovoked punch from behind causing traumatic brain injury and permanent scarring was within range.
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