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Man has conviction for breaching protection order overturned
Summary
In an appeal hearing, a man's conviction for breaching a protection order by allegedly grabbing his ex‑partner's arm during an argument over a child's car seat was overturned. The man, who pleaded not guilty in the District Court, had been convicted under section 33(1) of the Domestic Violence Act 2018 and sentenced to a six‑month term that was fully suspended. He appealed the conviction, arguing that his hand had only touched the woman while demonstrating the tension of the seat belt and that the contact was inadvertent. The prosecution maintained that the woman's fear was justified. Judge Deirdre Browne found the woman's testimony credible, noted that the contact was likely accidental, and ruled that the action did not meet the threshold for a breach of the protection order, allowing the appeal to stand.
Who, what, where, when and why
What: Report matter: Man has conviction for breaching protection order overturned. Procedural stage: appeal. Findings: Convicted
When:
- October 16, 2024 Hearing Or Sentence
- 2025-10-17 Publication
Why: The complainant said that the action of him touching her arm could not be seen in the footage because the camera was angled away during that period. CNI source report
Case subjects
Appellant
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; He was convicted and given a six-month sentence, which was fully suspended, and later lodged an appeal against that conviction.
Places mentioned
- District Court Appeals Court
Topics
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