National Domestic and Family Violence Bench Book

• R v Maxwell [2018] QCA 17 (27 February 2018) – Queensland Court of Appeal

  ‘Following, harassing and monitoring’ – ‘Post-separation violence’ – ‘Revenge porn’ – ‘Sexual and reproductive abuse’ – ‘Systems abuse’

  Charges: Stalking x 1; Attempting to pervert the course of justice x 1.

  Appeal type: Appeal against conviction and sentence.

  Facts: The applicant and the complainant had been in a relationship for 18 months. There were 2 instances of violence ([2]). After the relationship ended, the applicant followed the complainant and sent her a total of 77 text messages, 5 emails and phone calls by which the complainant felt threatened and harassed ([7]). After the complainant made a complaint to the police, the applicant sent further emails to her threatening to release recordings and videos of them having sex if she did not withdraw the charge ([9]).

  The appellant was sentenced to a head sentence of 18 months’ imprisonment, with a parole release date after 3 months ([12]).

  Issues: Whether the conviction should be set aside and whether the sentence was manifestly excessive.

  Decision and Reasoning: The appeal was dismissed.

  In relation to the appeal against conviction, the appellant had argued that he was not provided with proper legal advice ([30]). Justice Morrison (Sofronoff P and Phillip McMurdo JA agreeing) dismissed this argument as having ‘no merit’ ([44]).

  In relation to the appeal against sentence, the appellant relied on the impact of the sentence on his ability to obtain licences to work in the financial services industry ([45]). Justice Morrison dismissed this argument because it could only be relevant to whether a conviction is recorded ([48]).