Ramanayake v The Queen; Ramanayake v Ramanayake

The case involves an appeal against the convictions and sentences passed by the Local Court, as well as an appeal against a final apprehended domestic violence order (ADVO) made by the Local Court. The appellant, who has been married to the complainant for 18 years and has three children with her, was convicted of assault occasioning actual bodily harm and common assault. The complainant gave varying versions of the events concerning the assault occasioning actual bodily harm, which led to the appellant's conviction being set aside as it was not proven beyond reasonable doubt. However, the appellant was also convicted of common assault for grabbing the complainant's throat, which was proven beyond reasonable doubt, and this conviction and sentence were upheld on appeal.

The legal issues that the court was required to decide included whether the appellant's conviction for assault occasioning actual bodily harm was proven beyond reasonable doubt, whether the appellant's conduct in grabbing the complainant's throat constituted an offence, and whether the complainant had a continuing fear of the appellant, which would justify the ADVO. The court found that the appellant's conduct in grabbing the complainant's throat was not reasonably necessary for the common intercourse of life, and therefore constituted an offence. The court also found that the complainant was the victim of previous personal violence offences committed by the appellant, and that there was no reason to set the ADVO aside.

The court allowed the appeal in part, setting aside the conviction and sentence for assault occasioning actual bodily harm, but dismissed the appeal in relation to the common assault conviction and sentence. The court also dismissed the appeal against the ADVO. The appellant's appeal against the convictions and sentences passed by the Local Court was allowed in part, with the conviction and sentence for assault occasioning actual bodily harm being set aside, and otherwise dismissed. The appeal against the ADVO was also dismissed.