In R v MDU [2024] QCA 113, the applicant, referred to as MDU, pleaded guilty to one count of attempted murder of his estranged wife and applied for leave to appeal against his sentence of nine years' imprisonment. The offence occurred on March 7, 2022, when MDU attempted to choke the complainant, believing he had killed her at the time he desisted from his actions. The sentencing judge imposed a nine-year sentence, considering the act's severity, premeditation, and domestic violence context. MDU argued that his sentence was manifestly excessive and that the sentencing judge erroneously applied section 538 of the Criminal Code (Qld), which could have reduced his maximum sentence. The Court of Appeal dismissed the application, upholding the sentencing judge's findings and concluding that the imposed sentence was appropriate, even considering MDU's grounds for appeal.
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