In the Supreme Court of Queensland, the case R v OAC [2024] QCA 52 involved the applicant OAC appealing against the sentence imposed for numerous charges, mostly relating to domestic violence against his partner, including serious offences such as rape, strangulation, and torture. The applicant challenged the severity of the sentence, arguing it was manifestly excessive, particularly contesting the serious violent offence declarations made for the rape and torture offences. However, the Court of Appeal, with Mullins P, Morrison JA, and Brown J presiding, found no basis to interfere with the original sentencing. They emphasized the serious and prolonged nature of the offences, the deliberate and degrading violent abuse, and the fact that the offending occurred while the applicant was under a domestic violence order. Despite the applicant's claims of mental health issues and substance abuse affecting his behaviour, the court did not find these to be mitigating factors sufficient to outweigh the need for community protection and adequate punishment. The application for leave to appeal was refused, and the serious violent offence declarations were upheld.
R v OAC [2024] QCA 52
Updated: Apr 16, 2024