Nashar v The Queen

In the case of Nashar v The Queen, the appellant, Nashar, sought an appeal against his sentence imposed by the Local Court. The appeal was heard in the District Court, where the appellant challenged the severity of his sentence following convictions for stalking or intimidation and domestic violence. The District Court was required to determine whether the Local Court's sentence was appropriate and whether it should be varied. The court considered the nature and seriousness of the offences, the principles of sentencing for domestic violence and stalking, and the need for deterrence and rehabilitation.

The District Court found that the Local Court's sentence was too lenient given the gravity of the offences and the need to protect the community and the victim. The court emphasised the importance of sending a strong message against domestic violence and stalking, as well as the need to provide an appropriate punishment that balances the rights of the offender and the interests of society. The court also considered the appellant's background, offending history, and the circumstances surrounding the offences. Ultimately, the District Court concluded that the appellant's sentence should be increased to reflect the seriousness of the crimes.

The District Court granted leave to appeal and allowed the severity appeal. The court varied the sentence, imposing an aggregate sentence of imprisonment of 12 months and 9 days, with indicative sentences of 12 months for each offence. The court also directed that the sentence be served by way of an intensive correction order, which is a form of community-based punishment that aims to rehabilitate offenders while allowing them to remain in the community. The court set the commencement date of the order as the date of the appeal decision and the expiry date as 28 March 2021. This decision highlights the importance of appropriate sentencing for domestic violence and stalking offences, and the need for courts to consider the broader context and impact of such crimes on victims and the community.