The prosecution yesterday argued that the sentence handed down to Richard Smyth in the Bendigo Magistrates Court last year was grossly inadequate and lobbied the judge to impose, at the very least, a conviction.

Smyth, 37, bashed his victim over the head with a piece of wood before punching him in the face as he fell to the ground.

The late-night attack was so severe that the victim had to be flown to Royal Melbourne Hospital by air ambulance.

He needed 10 stitches to a cut on the back of his head, suffered a fractured skull and later haemorrhaged as a result of his injuries.

Smyth pleaded guilty to the attack in the Magistrates Court in November last year. He was subsequently ordered to pay the victim’s medical costs, $2829, and the charge was dismissed.

“The penalty, it seems, blew everyone out of the water,’’ prosecutor Andrew Moore said yesterday.

“The appropriate penalty is a conviction at the very least, followed by a fine or some other form of penalty.’’

At the Magistrate’s Court hearing in November, defence lawyer Luke Docherty argued that an intensive corrections order would be appropriate. As a result the prosecution did not make any further submissions in relation to the sentence.

Yesterday, Mr Docherty told the court that Smyth had been taunted by the victim, who on the night of the attack called his house numerous times and drove past at least twice.

“It seems the conduct of the victim was despicable,’’ Judge Frances Hogan said.

She took into account the circumstances of the assault, as well as nine character references from people who described Smyth as a caring father and respected member of the community.

Judge Hogan set aside the orders handed down in the Magistrates Court and convicted Smyth of one count of recklessly causing injury. She also fined him $400 and ordered him to pay the victim’s medical costs.