The applicant left the bedroom on several occasions and came back to resume the assaults. The victim was a pregnant woman and clearly therefore at risk of greater than average injury. He subjected her to verbal and physical obscenities as well as using the pick handle and throttling and trying to smother her. The offences were committed while he was on bail pending appeal on a charge of indecently dealing.

[2]

In my view the repetitiveness and viciousness of the episode puts it in a different class from the vast majority of domestic assaults of a non-fatal variety which find their way to this Court and in my view the sentence imposed by the learned sentencing Judge was an appropriate one in all of the circumstances and in no way manifestly excessive. I would therefore refuse the application for leave to appeal.

[3]

THE PRESIDENT: I agree. Offences of this kind involving domestic violence have a great potential to cause very serious injury. It is fortunate the complainant was not much more seriously injured. The final count involved the use of a pick handle as a weapon.

[4]

The facts set out by Justice Mackenzie demonstrate that the offences constituted a serious example of domestic violence over an extended period. Particular and general deterrence is an important factor in sentencing in such cases.

[5]

The applicant had a significant criminal history which included breaches of domestic violence orders and other offences of violence. The sentence of three years imprisonment was properly made cumulative upon an unrelated offence of indecent dealing with a 12 year old child. These offences occurred whilst the applicant was on bail pending appeal for that offence. The sentence is not manifestly excessive. I too would refuse the application.

[6]

THE PRESIDENT: The order is the application is refused.

Parties

Applicant/Plaintiff:

# R

Respondent/Defendant:

C \[2000\] QCA 154

Cases Cited (1)

[2000] QCA 154