In R v MDB [2018] QCA 283, the Court of Appeal of Queensland was presented with an application from MDB seeking to challenge the sentencing outcomes of his domestic violence offences. MDB had previously pleaded guilty to a series of charges, including common assault, threatening violence, assault occasioning bodily harm, choking in a domestic setting, and wilful damage. The District Court sentenced MDB to a mix of imprisonment terms for these offences, with the choking offence attracting a four-year term. MDB argued that the sentencing judge erred in several respects, including treating the existence of a previous domestic violence order as evidence of non-isolated incidents and misinterpreting his actions as a threat to kill. Additionally, MDB contested the judge's questioning of his credibility based on his knowledge of the legality of possessing flick knives and the effects of medication combined with alcohol on his behavior. Despite these contentions, the Court of Appeal found no merit in MDB’s arguments, emphasizing the seriousness of domestic violence and MDB’s significant criminal history related to violence. Accordingly, the application for leave to appeal the sentence was refused.
From the TLDR Caselaw Archive