Charges: Aggravated assault causing bodily harm x1;
Appeal type: Application for leave to appeal against sentence
Facts: The male appellant and female victim had been in a domestic relationship for six years and had a child together. At the time of offending, the victim and appellant were arguing in a car while the child was in the backseat. During the argument, the victim pulled over to the side of the road out of fear of the appellant and ask him to get out of the car. The appellant then punched the victim to the upper-left arm and grabbed her and squeezed her arm. He then "punched the victim to her left breast and the left side of her stomach". The appellant continued to assault the victim until he hit her head against a window and strangled her until she could not breathe.
The appellant entered a plea of guilty and was sentenced to 14 months’ imprisonment. The magistrate declined to suspend the term.
Judgment: The first ground was dismissed; as the Magistrate was not discourteous and did not prevent the plea from being made, the contention was without foundation. McGrath J observed that “His Honour directly challenged counsel as to whether a submission was effectively being made that the victim was to blame. Counsel then positively engaged with the judicial officer, clarifying the submission.” 
The second ground of appeal was also dismissed; it was noted that the sentencing judge "carefully reviewed all relevant sentencing factors" and only after doing so correctly concluded that imprisonment was the only appropriate punishment [37-8].
The third ground was also dismissed. McGrath J found the domestic relationship and presence of young children to be aggravating factors and thought the 15% discount afforded for the guilty plea by the sentencing judge was appropriate. After placing minimal weight on the offender’s personal circumstances, such as his age, as mitigating factors, the Court concluded that the sentence was not manifestly excessive.