McFarland v The Queen

In the case of McFarland v The Queen, the respondent, who was the appellant in the court below, appealed against his sentence on the grounds that it was manifestly excessive. The appellant was convicted of various offences including aggravated take and detain a person with intent to obtain advantage, assault occasioning actual bodily harm, and driving with a high range content of alcohol in his blood. The aggravated take and detain offence was committed against the same victim as the assault occasioning actual bodily harm offence. The court was required to determine whether the aggregate sentence of 7 years imprisonment, with a non-parole period of 4 years and 4 months, was manifestly excessive.

The court considered the principles relevant to appellate review of aggregate sentencing and emphasised the importance of ensuring that the aggregate sentence reflects the totality of the offending and the culpability of the offender. The court also noted the principles to be applied in domestic violence cases, which include considering the impact of the offending on the victim and the need to deter and protect the community. The court reviewed the comparative cases and concluded that the sentence was not manifestly excessive, taking into account the severity of the injuries inflicted on the victim and the appellant's culpability.

The court found that the sentencing judge had appropriately considered the principles relevant to sentencing in domestic violence cases and had not erred in principle in arriving at the sentence. The court also noted that the appellant had a history of domestic violence offending and that the sentence reflected the seriousness of the offending. The appeal against sentence was dismissed.

No orders were made as to costs.