In the case of R v MDS [2023] QCA 228, the applicant appealed against his sentence for multiple domestic violence offences, arguing it was manifestly excessive. The offences occurred during a series of altercations with his ex-partner, involving wilful damage, common assault, assault occasioning bodily harm, and strangulation, all sentenced concurrently with a parole release after serving one-quarter of the head sentence. The Court of Appeal, with judges Morrison, Dalton, and Boddice, dismissed the appeal. They found no merit in claims of the sentence being excessive or that the trial judge made a specific error. The trial had highlighted the seriousness of domestic violence, especially strangulation, as indicative of potentially lethal escalation. Despite arguments about the applicant's relatively minor criminal record and positive work references, the court emphasized the importance of general deterrence, denunciation, and the protection of victims in domestic violence cases. The application for leave to appeal against the sentence was ultimately dismissed, upholding the trial court's decision.
From the TLDR Caselaw Archive