In AKD v Commissioner of Police [2024] QDC 158, the appellant AKD appealed recorded convictions for Contravention of a Domestic Violence order and Common Assault, on the grounds that the sentence was manifestly excessive. AKD had entered an early guilty plea and showed remorse, which the initial sentencing magistrate did not sufficiently weigh, despite these factors suggesting potential for rehabilitation. Judge Heaton KC DCJ found that the sentencing magistrate failed to properly consider relevant mitigating factors, such as the impact of recording a conviction on AKD's employment and visa status. Consequently, the appeal was allowed, and the orders recording convictions were vacated while the probation sentence remained affirmed with no orders as to costs.
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