Key Facts
- •Appellant (26-year-old with 24 previous convictions) pleaded guilty to controlling/coercive behaviour, threats to kill, inflicting grievous bodily harm, possessing a firearm with intent to cause fear of violence, and possessing a firearm while prohibited.
- •Offenses stemmed from a violent incident where the appellant attacked the complainant (his partner), resulting in her jumping from a third-floor window to escape.
- •The appellant also pointed a loaded taser at a police officer while in custody.
- •The complainant suffered a broken wrist and a liver laceration from the fall.
Legal Principles
Totality principle in sentencing
Over-arching Sentencing Council Guideline on Totality
Sentencing guidelines for controlling/coercive behaviour (Serious Crime Act 2015, section 76)
Sentencing Guidelines
Sentencing guidelines for threats to kill (Offences Against the Person Act 1861, section 16)
Sentencing Guidelines
Sentencing guidelines for inflicting grievous bodily harm (Offences Against the Person Act 1861, section 20)
Sentencing Guidelines
Sentencing guidelines for firearm offenses (Firearms Act 1968, sections 16A and 21(2))
Sentencing Guidelines
Outcomes
Appeal dismissed.
The court found the individual sentences and the overall sentence, while severe, were not manifestly excessive given the seriousness of the offenses and the appellant's history. The judge considered totality, even if not explicitly detailed in the sentencing remarks.