R v Kelly

[1998] QCA 340

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Manslaughter
4. › Sentence of imprisonment
5. › Whether manifestly excessive
6. › Relevance of prior conviction for violence
7. › Relevance of absence of evidence of sustained violence or weapon use
8. › Appropriate sentencing range

Quick Take

A sentence of 12 years' imprisonment for manslaughter involving severe force but no weapon, no sustained violence, and no history of violence in the relationship was manifestly excessive; 9 years with a 3.5 year non-parole period was substituted. A prior conviction for grievous bodily harm with intent is relevant but does not justify a sentence at the level appropriate for cases with more serious features such as a history of violence against the victim.