The legal case, R v TBD [2024] QCA 182, involved an appeal in the Supreme Court of Queensland about the sentencing of an applicant for domestic violence offences. The applicant was initially sentenced to four years and three months in prison after pleading guilty to multiple counts of choking, contravening a domestic violence order, and assault occasioning bodily harm. These offences were concurrent with existing sentences for previous drug and weapons charges, leading to a cumulative nine years and nine months of imprisonment. The applicant argued that the sentence did not adequately consider his guilty plea, was not in line with the principle of totality, and was manifestly excessive. The Court of Appeal agreed to re-sentence the applicant, restructuring the sentences such that the choking and assault sentences run concurrently with the existing sentences, while the sentence for the contraventions in custody is to be served consecutively. This restructuring considers the totality of the applicant's criminal conduct and aims to balance punishment with rehabilitation opportunities, setting the parole eligibility for the date of the court's judgment.
Full text: https://www.sclqld.org.au/caselaw/149313