Charge/s: Grievous bodily harm (GBH) with intent, aggravated assault occasioning bodily harm (aggravating factor – the appellant was in a family and domestic relationship with the victim).
Appeal Type: Appeal against sentence.
Facts: The appellant was in a de facto relationship for 8 years. After they separated, his former partner commenced a new relationship with a work colleague and the appellant reacted poorly. The appellant attended his former partner’s home and pleaded to recommence the relationship. The appellant went with his former partner to their children’s bedroom. In the presence of their children, he demanded to see her phone. He read through her text massages, threatened to kill her and repeatedly kicked her in the shins. He then used his former partner’s phone to lure her new partner to the house. When her new partner arrived, the appellant attacked him by punching him in the face and continued to kick and punch him while he lay on the ground, again in the presence of their child. He dragged her new partner outside. He taunted his former partner and children to look at the injuries that he was inflicting. The appellant forced his former partner to kiss her new partner while he was unresponsive on the ground and used substantial force to do this. He photographed her new partner’s injuries and sent it to her friend. The injuries sustained by his former partner were relatively superficial, but her new partner sustained extremely serious injuries. The appellant had favourable antecedents with no relevant criminal history and was regarded generally as a person of good character. He pleaded guilty and was sentenced to a total effective sentence of 7 years and 6 months’ imprisonment for both offences (six years’ imprisonment for the GBH offence committed against the new partner and 18 months’ imprisonment for the assault offence committed against his former partner).
Decision and Reasoning: The appeal was dismissed.