Harley v Field

[2007] QDC 364

DISTRICT COURT OF QUEENSLAND

CITATION:

Harley v Field [2007] QDC 364

PARTIES:

DARREN ALLEN HARLEY

(Appellant)

v

TERRY ALICE FIELD

(Respondent)

FILE NO/S:

243 of 2007

DIVISION:

Appellant

PROCEEDING:

Appeal from Magistrates Court Cairns

ORIGINATING COURT:

Magistrates Court Cairns

DELIVERED ON:

14 December 2007

DELIVERED AT:

District Court Cairns

HEARING DATE:

28 November 2007

JUDGE:

Bradley DCJ

ORDER:

APPEAL DISMISSED

CATCHWORDS:

COUNSEL:

Mr L. M. Weston, Solicitor for the appellant

No appearance for the respondent

SOLICITORS:

Gayler Cleland Solicitors for the appellant

Background

1. The appellant and the respondent resided together as a couple for about two and a half years. On 19 March 2007 they argued and (according to a statement the respondent gave to police on 23 March):

“He snatched the car keys of [sic] me. He then grabbed my shirt around my shoulder with one hand and my jeans with the other and he picked me up on a fair hight [sic] and then he dropped me forcefully into the ground.”

1. On 23 March 2007 a police officer made an application to the Magistrates Court at Cooktown for a protection order pursuant to the Domestic and Family Violence Protection Act 1989 (the Act) naming the respondent as aggrieved spouse. On 3 April 2007 a temporary protection order was made in the Cooktown Magistrates Court and, on 8 August 2007 after a hearing, a protection order was made by that Court to continue in force up to and including 7 August 2009. The appellant, who is named as respondent in the orders, appeals against the making of the protection order at the respondent’s instigation. A previous temporary protection order had been made in March 2006 which subsequently lapsed. Neither the Queensland Police Service nor the respondent appeared at the hearing of this appeal.

1. Section 20 of the Act relevantly provides as follows:

“(1)A court may make an order against a person for the benefit of someone else (the other person) if the court is satisfied that-

(a)the person has committed an act of domestic violence against the other person and a domestic relationship exists between the 2 persons; and

(b)       the person –

(i) is likely to commit an act of domestic violence again; or

(ii) if the act of domestic violence was a threat – is likely to carry out the threat.”

Magistrate’s decision

1. The application before the Magistrate was prosecuted by the Queensland Police Service but the appellant represented himself.

1. In the reasons given for her decision, the Magistrate noted that the appellant had conceded that an act of domestic violence against the respondent had occurred on 19 March 2007. The Magistrate therefore proceeded on the basis that the only issue was whether the appellant was likely to commit an act of domestic violence again. The Magistrate was satisfied that domestic violence was likely to occur again, and made the order sought.

Grounds of appeal

1. The five grounds of appeal relied upon by the appellant are:

(a)         That there was a miscarriage of justice in that…