R v Ketchup

[2001] QCA 508

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Manifest excess
4. › Domestic violence offences
5. › Unlawful wounding and assault occasioning bodily harm
6. › Appropriate sentencing range
7. › Whether six years' imprisonment manifestly excessive
1. Criminal Law
2. › Sentencing
3. › Domestic violence
4. › Serial offending
5. › Relevance of criminal history
6. › Relevance of intoxication of both parties
7. › Appropriate range for repeated assaults on de facto partner

Quick Take

For repeated domestic violence offences involving unlawful wounding and assault occasioning bodily harm by a serial offender with an extensive criminal history, the appropriate sentencing range is three to four years' imprisonment. A sentence of six years was manifestly excessive even for a serial domestic violence offender with 11 prior breaches of Domestic Violence Orders. Women in indigenous communities are entitled to the same protection of the rule of law as all Australian citizens.