Marrah v The Queen

Marrah appealed against his conviction and sentence for offences against his partner, including recklessly causing serious injury, threatening to kill, and rape. The appeal focused on the severity of the sentences imposed. The Court of Appeal was required to determine whether the sentences were excessive and whether they appropriately reflected the totality of the offender’s criminal conduct.

The court considered the principles established in Azzopardi v The Queen, which emphasise that the totality principle should be applied when sentencing for multiple offences arising from a single course of conduct. The court noted that the injuries sustained by the victim were comparatively minor, and two of the sentences imposed were acknowledged by the Crown to be outside the available range. Additionally, the sentences for recklessly causing serious injury and threatening to kill were at the extreme ends of the statistical range. The court held that these sentences were manifestly excessive and did not appropriately reflect the totality of the offender’s criminality. The court concluded that the total effective sentence was more than necessary to address the offender’s criminal conduct.

The appeal was allowed, and the sentences were quashed. The matter was remitted to the sentencing court for reconsideration in light of the court’s findings.