In R v MCW [2018] QCA 241, the applicant, MCW, sought to appeal against his sentences concerning several offences, including two counts of assault occasioning bodily harm, one count of choking, suffocation, or strangulation in a domestic setting, and one charge of contravening a domestic violence order. The District Court originally sentenced MCW to a total of three years and six months for the choking offence and lesser terms for the other offences, with all sentences to be served concurrently. MCW's appeal raised issues of manifest excessiveness of the sentence and the lack of procedural fairness, arguing he did not receive adequate warning about the court's sentencing intentions which affected his opportunity for an earlier parole eligibility consideration. However, the Court of Appeal found the sentence for the choking offence to reflect the serious nature of domestic violence and noted MCW's lengthy history of similar offences, including previous violations against the same victim. Despite acknowledging the submission that the sentence might not have given sufficient weight to an early guilty plea, the court held that the punishment was fitting given the circumstances, especially considering the legislative focus on deterring domestic violence. MCW's application for leave to appeal was ultimately refused, affirming the original sentences' appropriateness in serving as a deterrent and ensuring community protection.
From the TLDR Caselaw Archive