Kane v The Queen

The appellant was convicted of several offences, including intentionally causing serious injury to his de facto wife, intentionally causing injury to her, assault, and criminal damage, all in a domestic context. The appellant also breached an intervention order. The appeal was against his sentence, which was a total effective sentence of 10 years, with a non-parole period of 7 years. The appellant argued that the sentence was manifestly excessive. The Crown conceded that the sentence was outside the range of current sentencing practices.

The court considered whether the sentence was manifestly excessive. The court considered the nature and circumstances of the offending, the appellant's culpability, and the need for deterrence and denunciation. The court also considered the need for rehabilitation and the need to protect the community. The court found that the sentence was manifestly excessive and outside the range of current sentencing practices.

The appeal was allowed, and the appellant was re-sentenced with a total effective sentence of 8 years, with a non-parole period of 6 years. The court considered the appellant's culpability, the need for deterrence and denunciation, the need for rehabilitation, and the need to protect the community. The court also considered the impact of the offending on the victim and the need to provide her with some measure of protection. The court found that the new sentence was appropriate and within the range of current sentencing practices.