The man jailed for assault complained his sentence was too harsh.
The man jailed for assault complained his sentence was too harsh. John Weekes

Former cop loses appeal after threatening to 'gut' partner

A FORMER police officer who attacked his partner and threatened to gut her "like a pig” has had an appeal against his convictions thrown out.

After a Mackay District Court trial earlier this year, the former cop was jailed for six months on two counts of common assault.

But he appealed against the domestic violence assault convictions, and also wanted to appeal against his sentence.

The man, named only as CBU to protect his family's identity, claimed the Mackay court "misdirected the jury” and failed to exclude a false police complaint from the trial.

In a new judgment, Queensland Court of Appeal said CBU also argued the Mackay court failed to recognise his "demonstrated rehabilitation” when he was sentenced.

But despite these and other arguments, the appeal court was not persuaded CBU's sentence was manifestly excessive.

In a judgment delivered Tuesday, Justice Philip Morrison said the Mackay judge acknowledged CBU was violent only in the context of his domestic relationship.

"For that very reason, the fact that [CBU] had not offended since separation lost some significance,” Justice Morrison added.

In August 2008, CBU took a knife, and held it to his partner's stomach and throat.

She said CBU told her he was going to "gut me like a pig and cut my throat” as all four children saw the event from the lounge room.

Justice Morrison said the Mackay court had already accepted the former cop "was of good character apart from his conduct in the relationship” and had recovered from depression.

"Both delay and rehabilitation formed part of the submissions on sentence,” the appeal court judge added.

"It is difficult to conclude that those matters were forgotten” when the Mackay judge sentenced CBU, Justice Morrison added.

Justice Morrison, Justice Hugh Fraser and Justice John Bond all agreed the appeal against conviction should be dismissed.

They unanimously decided CBU's application for leave to appeal against sentence should be refused too.


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