A MACKAY man accused of choking his partner has failed in his bid to appeal his unsuccessful bail application.
Mr Ackland has been accused of unlawfully assaulting his partner and unlawfully choking her on February 10, 2017.
The court heard Mr Ackland and his partner got into an argument and he allegedly threatened to "knock her out” before he "grabbed her by the throat with his right hand so hard that she had trouble breathing” and she could not get away.
She allegedly struggled against him and scratched his face. While he was still holding her by the throat Mr Ackland is then alleged to have punched her in the face with his other hand.
That night Mr Ackland allegedly returned to the house drunk and punched her in the head repeatedly. When his partner said she was going to call the police, Mr Ackland allegedly attacked her a third time, punching her in the head and body. Mr Ackland allegedly left the house before the police arrived.
He was then refused bail in a magistrates court and the Rockhampton Supreme Court. He then appealed that decision in the Court of Appeal.
But Mr Ackland's partner told the court she believed the alleged behaviour was "out of character” and would not happen again as she did not plan on having any more contact with him.
She said she wanted to withdraw the complaint as she did not want to see him again - even in court.
In court Mr Ackland argued the Rockhampton judge had refused him bail on the "generalised” threat of domestic violence rather than the specifics of his case - including the withdrawn complaint.
Justice Roslyn Atkinson said she "did not accept” that argument. She said the Rockhampton judge rightly found the allegations of numerous assaults and the woman's concerns meant there was a risk Mr Ackland could reoffend.
"The behaviour alleged against (Mr Ackland) occurred in a number of episodes over a prolonged period and included repeated punching and even an attempt at strangulation,” she said.
"The complainant's injuries could not be explained by his exculpatory version. Her reasons for withdrawing the complaint were ... motivated in part by fear and did not demonstrate in any way that the alleged offences did not occur.”
The appeal was refused.
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