A sentence of 3 years and 9 months for intentionally causing injury was upheld as moderate where the offending involved a sustained brutal attack on a good Samaritan rendering him unconscious, notwithstanding the offender's profoundly disadvantaged refugee background attracting the Bugmy principles. Where the prospect of deportation is raised before a sentencing judge in terms that characterise it as merely 'speculative' and in a context that assumes the offender will remain in Australia, the failure to take deportation into account is an error warranting resentence, even though the sentencing judge can hardly be criticised for the oversight.
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