Tasmania v Lockwood

Case

[2023] TASSC 5

5 April 2023


Details
AGLC Case Decision Date
Tasmania v Lockwood [2023] TASSC 5 [2023] TASSC 5 5 April 2023

CaseChat Overview and Summary

In Tasmania v Lockwood, the appellant was convicted of persistent family violence. The matter was appealed to the Court of Appeal in Tasmania, which was presided over by Atkinson JA, with the other members of the court being Ellicott and Lee JJA. The appeal questioned whether the trial judge was correct to find the appellant guilty of persistent family violence.

The appellant argued that there was an error of law in the trial judge’s reasoning process and that the evidence was not sufficient to establish that the appellant was guilty of persistent family violence. The court examined the statutory definition of persistent family violence and the trial judge’s approach to the evidence. The court found that the trial judge was correct in his approach to the evidence and the findings of fact. The court held that there was no error of law in the trial judge’s reasoning process and that the evidence was sufficient to establish that the appellant was guilty of persistent family violence.

The appeal was dismissed. The court found that the evidence was sufficient to establish that the appellant was guilty of persistent family violence and that the trial judge was correct in his approach to the evidence and the findings of fact. The court held that there was no error of law in the trial judge’s reasoning process. The appellant’s conviction was upheld.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Persistent Family Violence

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Cases Citing This Decision

4

Lockwood v Tasmania [2025] TASCCA 6
Lockwood v Tasmania [2024] TASCCA 15
Lockwood v Tasmania [2025] TASCCA 6
Cases Cited

3

Statutory Material Cited

6

R v Olbrich [1999] HCA 54
R v De Silva [2007] QCA 301
Ewen v R [2015] NSWCCA 117