THE Victorian Court of Appeal has dismissed the appeal of a man who was jailed for ambushing, tying up, and threatening to kill his estranged wife.
The man, who went under the pseudonym Keith Allan Hardwick in the appeal, was sentenced in September 2019 to four years and six months' imprisonment, with a non-parole period of three years.
The man appealed the sentence on the grounds it was "manifestly excessive".
He had pleaded guilty in the County Court to charges of false imprisonment, common assault, aggravated burglary, and making threat to kill.
The charges stemmed from a July 2018 attack, where the man ambushed the woman in their home.
The man pinned the victim down, held her in a headlock, dragged her across the house, and bound her hands and feet with cable ties.
The woman previously had a family violence intervention order against the man.
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The appeal judge, Justice Richard Niall said in his judgement, the attack "was a significant intrusion into the victim's home where she was entitled to feel safe".
"I would not go so far as the judge who described the offending as 'an act of extreme domestic violence', but overall I agree with the judge that the offending was serious," Justice Niall said.
"In my opinion, it was open to the judge to have significant reservations in relation to the appellant's remorse and insight."
Justice Niall said the incident did not have an obvious end point and the man's behaviour would have instilled a "substantial sense of dread and fear".
The judge said he was not persuaded the appellant established the jail sentence was manifestly excessive.
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