In R v Samuels, the Queensland Court of Appeal deliberated on an appeal by the Attorney-General against the sentencing of the respondent, Samuels, for domestic violence-related offences, including strangulation and common assault, committed in Toowoomba. Samuels, who had pled guilty, was originally sentenced to two years' imprisonment with immediate parole after having spent only two days in pre-sentence custody, despite the serious nature of the crimes which occurred during a domestic dispute. The respondent, a 20-year-old at the time of the offences, had a history of drug use and previous criminal activities but had shown efforts toward rehabilitation, including completing an apprenticeship and abstaining from drug use since his probation in August 2020. Although the Crown argued that the immediate parole made the sentence manifestly inadequate given the seriousness of the offences, the Court of Appeal, led by Davis J, found the sentencing within the discretionary range, emphasizing the balance between the need for deterrence in domestic violence cases and the offender's rehabilitation prospects. The appeal was ultimately dismissed, upholding the original sentence which aimed to foster the respondent's rehabilitation and reintegration into society.
From the TLDR Caselaw Archive