Latest news with #deprivationOfLiberty
Daily Mail
3 days ago
- General
- Daily Mail
State government fails to extend man's sentence it deemed 'manifestly inadequate'
A state government has failed to prove a man accused of using a rope to drag a woman to a car was handed a 'manifestly inadequate' sentence. The Queensland government had sought to increase Brock Andrew McDonald's sentence after he was jailed for assaulting and depriving the liberty of a young woman in October 2023. He was sentenced to two-and-a-half years on parole in December, with 413 days as time served. Attorney-General Deb Frecklington said in January that in her view, the sentence did not meet community standards and was 'manifestly inadequate'. McDonald, 44, is alleged to have put a rope around a young woman's neck before dragging her into a car in the early hours of the morning. He placed the screaming woman in the back seat while repeatedly telling her not to look at his face. She eventually escaped the car and hid in a nearby bush before calling for help. McDonald had pleaded guilty to charges of deprivation of liberty and assault occasioning bodily harm. In the appeal, the attorney-general had sought McDonald's sentence to be increased to no less than three years for the deprivation of liberty charge. The attorney-general's counsel submitted that the Court of Appeal should conclude the sentence was 'unreasonable and plainly unjust' and was so far outside the range of sentences that an error must have occurred. But the Court of Appeal on Friday dismissed the case, finding the attorney-general could not demonstrate the sentence was manifestly inadequate or that an error had occurred. The judges said the prosecution launched the appeal with the 'fundamental misconception' that sentences for kidnapping offences were comparable in McDonald's case on a deprivation of liberty charge. The appeal court referenced the sentencing judge's ruling on the basis that the prosecution had not sought to prove intent that is required for a charge of kidnapping. The prosecution instead pursued deprivation of liberty, which holds a lesser maximum sentence. The appeal judges said the attorney general 'ignored the consequences' of the prosecution's choices in framing the charges of deprivation of liberty instead of kidnapping, which McDonald pleaded guilty to. 'The argument presented on behalf of the attorney-general fails to demonstrate that the sentence was manifestly inadequate,' the appeal judges ruled. Ms Frecklington expressed her disappointment over the outcome. 'This sentence was appealed because I did not believe it met community expectations,' she said in a statement.
ABC News
4 days ago
- General
- ABC News
Former Fremantle Docker Ryan Crowley faces court on choking, deprivation of liberty charges
Former Fremantle Dockers player Ryan Crowley has appeared in a Perth court charged with multiple violent offences including assault and deprivation of liberty. It is alleged Mr Crowley choked and threatened a woman in the western Perth suburb of Claremont this week. The 41-year-old is facing nine charges including impeding the woman's breathing by applying pressure to her neck, making threats, unlawfully using a computer and deprivation of liberty in circumstances of aggravation. The police prosecutor told Perth Magistrates Court the alleged offending was "too serious for bail". He handed photos of the woman's alleged injuries to Magistrate Adam Hills-Wright, telling the court of bruising on her chest and her nail being "ripped off a finger". However, Mr Crowley's lawyer said his client would dispute the level of contact with the alleged victim. Magistrate Hills-Wright said Mr Crowley had "no relevant record" and it was likely there would be a "significant period of time" before trial. He said it was too early to determine how strong the case may be. Mr Crowley was granted bail under strict conditions, which include reporting to police twice a week and not leaving the state. He cannot go near the alleged victim, who the court was told lived interstate but was a "frequent visitor" to WA. Mr Crowley was ordered to provide a $20,000 personal undertaking and the same amount in surety. He is next scheduled to appear in court in July. Mr Crowley played 188 games for the Dockers between 2003 and 2015, including the 2013 grand final which Fremantle lost to Hawthorn. He was routinely used as a tagger, trying to limit the influence of the opposition's most dangerous midfielder. In 2015 he was suspended for 12 months by the AFL Anti-Doping Tribunal after he tested positive to a "specified" substance the previous year. At a media conference, then Fremantle CEO Steve Rosich confirmed the substance was contained in a painkiller which had not been not prescribed by a Fremantle doctor. He was later recruited by Essendon to help the club field a side while 34 of its players were suspended for the year, following its infamous supplements scandal.
