A sentence of 11 years imprisonment for manslaughter as a domestic violence offence was upheld where the offender assaulted his partner intending serious harm, causing fatal injuries, delayed seeking medical assistance for approximately 24 hours, and had a prior history of domestic violence, notwithstanding intellectual disability, deprived upbringing, and a timely guilty plea. The sentencing judge's findings about complete lack of remorse were not open on the agreed facts, but the error did not affect the outcome upon re-exercise of the discretion. Sentences imposed before the commencement of s 9(10A) of the Penalties and Sentences Act 1992 (Qld) on 5 May 2016 should be treated with care when used as comparators for domestic violence offences sentenced after that date.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.