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Convictions for intimate partner violence upheld, but sentence reduced due to failure to apply restraint principle.
The appellant appealed his convictions and sentence for multiple offences, including sexual assault and unlawful confinement, committed against his former partner.
The Court of Appeal dismissed the conviction appeal, finding the trial judge's credibility assessments and reasons sufficient.
However, the Court allowed the sentence appeal, holding that the trial judge erred in principle by failing to apply the principle of restraint for a youthful, first-time Indigenous offender.
The net sentence was reduced from seven years to five years.
