Ajs v KLB v Anor

[2016] QDC 103

DISTRICT COURT OF QUEENSLAND

CITATION:

AJS v KLB v Anor [2016] QDC 103

PARTIES:

AJS
(Appellant)
v
KLB
(First Respondent)
and
COMMISSIONER OF THE QUEENSLAND POLICE SERVICE

(Second Respondent)

FILE NO/S:

Appeal No 208 of 2015

DIVISION:

District Court

PROCEEDING:

Appeal

ORIGINATING COURT:

District Court, Cairns

DELIVERED ON:

13^th May 2016

DELIVERED AT:

Cairns

HEARING DATE:

21 March 2015

JUDGE:

Harrison DCJ

ORDER:

1.   Appeal dismissed

2.   The order of the Magistrates Court of 20 November 2015 is confirmed

CATCHWORDS:

APPEAL-APPEAL AGAINST ORDER-appeal pursuant to s164 Domestic Violence and Protection Act 2012-protection order –where relevant relationship conceded –where domestic violence conceded– whether making of order was necessary or desirable- risk of future domestic violence

Legislation

Domestic Violence and Protection Act 2012 ss 4(1), 37, 37(1)(c), 165, 168(1)

Cases

GKE v EUT [2014] QDC 248

MDE v MLG & Commissioner of the Queensland Police Service [2015] QDC 151

COUNSEL:

R Griffiths for the appellant (instructed by Girgenti Lawyers)

SOLICITORS:

S Morris for the first respondent (Edwin Morris Lawyers)

D Brown for the second respondent (Public Safety Business Agency)

1. On 20 November 2015 in the Magistrates Court at Mareeba, following a hearing that day, the court made a protection order under the Domestic Violence and Protection Act 2012 (“the Act”) in favour of KLB, the first respondent in these proceedings, against AJS, the appellant in these proceedings.

1. The application was filed on 27 May 2015 and was first mentioned in the Magistrates Court at Mareeba on 1 June 2015 when the record shows that the appellant appeared in person.  On that date a temporary protection order was made and the matter was mentioned again on 9 June 2015 and then set down for hearing on 20 November 2015.  The temporary protection order was extended on 9 June 2015.

1. At all times Police Prosecutions in Mareeba appeared on behalf of the first respondent.  From 9 June 2015 onwards, the appellant was represented by his solicitors and on trial they instructed counsel.

Background

1. The basis of the application was set out in an affidavit of the first respondent filed on 30 July 2015.  She described how she met the appellant through a dating site in about February 2014.  Interestingly, the appellant gave her a false name, Thomas Damien Cray, and also gave her false details about his work, his assets, his movements and his marital status.

1. A relationship commenced in late March 2014 and the first respondent ended that relationship on 31 December 2014.  Between 6 January 2015 and 18 May 2015 the first respondent received a series of text messages from the appellant and these are set out in Exhibit 4 to her affidavit.  At first they were consistent with someone who was trying to salvage the relationship, but they became increasingly aggressive and abusive.  Some of them also contained sexually explicit references.

1. The first respondent contacted the police on two separate occasions in early 2015.  The second occasion was on 20 February 2015 and whilst at the police station that day…