McFarland v R [2021] NSWCCA 79

McFarland v R [2021] NSWCCA 79

The aggregate sentence imposed (seven years imprisonment with a non-parole period of four years and four months) was within the proper exercise of sentencing discretion, reflecting the totality of criminality and seriousness especially given the horrific injuries, domestic violence context, and legislative guideposts. The sentence was not manifestly excessive; appeal dismissed.

Parties
Applicant: Ashley McFarland; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Criminal Sentence Appeal / Judgment on Leave and Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
Sentence Appeal, Aggravated Take and Detain, Assault Occasioning Actual Bodily Harm, Driving With High Range Alcohol, Domestic Violence
Criminal Law Sentence Appeal Aggravated Take and Detain Assault Occasioning Actual Bodily Harm Driving With High Range Alcohol Domestic Violence

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Parties

Ashley McFarland

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Judgment on Leave and Appeal Against Sentence

Legal Issues

  1. 1 Whether the aggregate sentence imposed was manifestly excessive
  2. 2 Appropriate application of sentencing principles in domestic violence cases

Ratio Decidendi

The aggregate sentence imposed (seven years imprisonment with a non-parole period of four years and four months) was within the proper exercise of sentencing discretion, reflecting the totality of criminality and seriousness especially given the horrific injuries, domestic violence context, and legislative guideposts. The sentence was not manifestly excessive; appeal dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

  • Leave to appeal against sentence is granted.
  • The appeal is dismissed.