R v Ishibashi

[1998] QCA 342

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Grievous bodily harm with intent to disfigure
6. › Domestic violence
7. › Comparable sentences
8. › Whether sentence of six years manifestly excessive having regard to comparable cases involving more serious injuries
1. Criminal Law
2. › Sentencing
3. › Relevance of consequences of offending
4. › Permanent disfigurement
5. › Loss of finger
6. › Comparison with loss of eye and brain damage

Quick Take

A sentence of six years' imprisonment for grievous bodily harm with intent to disfigure was manifestly excessive where the injury (loss of a little finger) was significantly less severe than injuries in comparable cases attracting similar sentences, no weapon was used, there was no premeditation, and the offender pleaded guilty. Four years was substituted. The domestic context and permanent disfigurement were treated as aggravating factors but did not warrant parole recommendation or suspension.