A MACKAY man accused of assaulting and strangling his partner has claimed he was denied bail based on the "general” revulsion of domestic violence rather than his own risk of reoffending.
Philip Craig Ackland, 49, has been accused of assaulting his partner three times over the course of a day, including strangling her.
The second time he allegedly attacked her was 10 hours after the first time.
He was earlier refused bail in Rockhampton Supreme Court as an unacceptable risk of reoffending. But on Friday Mr Ackland appealed that decision.
Mr Ackland's barrister Anthony Glyn told the court that the Rockhampton judge had refused his client bail based on the dangers of domestic violence in general instead of Mr Ackland's own circumstances.
"It can't be established that this man can be found to be an unacceptable risk of reoffending based on generalised behaviour rather than his personal conditions,” he said.
But prosecutor Glen Cash said for the appeal to be successful Mr Ackland had to prove the Rockhampton judge made a mistake. Mr Cash said this did not happen.
He said bail had been refused based on the specifics of Mr Ackland's case.
Mr Glyn said the judge should have placed more emphasis on the alleged victim telling police the behaviour was out of character for their relationship.
Mr Glyn said photos of the alleged victim's neck did not prove she had been strangled and witness evidence only proved an "incident” had taken place - not that Mr Ackland had committed any crime.
Mr Glyn said bail conditions could be imposed on Mr Ackland to minimise any risk of reoffending.
The court reserved its decision.
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