Man who assaulted woman after threesome has appeal rejected

A MORANBAH man who bashed his partner after a drunken threesome went terribly wrong has had his bid to have his sentence overturned rejected in the state's highest court.

The man, who cannot be named, was found guilty of assault and grievous bodily harm in the Mackay District Court earlier this year after a three-day trial and sentenced to five years behind bars stemming from the incident on November 6, 2011.

His parole eligibility date was set at May 6, 2016.

The man appealed his sentence on the grounds the conviction was unreasonable and the trial judge erred in his directions to the jurors, causing a miscarriage of justice.

The Queensland Court of Appeal heard, during a hearing in June, that the man, his partner and a friend were sitting around drinking on the afternoon of November 6, 2011, to celebrate the man's birthday.

As the afternoon progressed, the conversation turned to more intimate matters and the man suggested to his partner that she engage in sexual activity with his friend so he could watch.

The court heard the three of them got into the shower together and the woman started to perform a sex act on the friend, but she became upset when she saw her partner also start to perform a sex act on the friend.

She accused her partner of being homosexual and a fight broke out.

The court heard that a short time later the woman was walking down the back stairs when her partner punched her in the head before repeatedly kicking her while she lay in the fetal position before she eventually lost consciousness.

As a result of the attack, the woman was hospitalised with widespread injuries to her head, face, both upper limbs, both lower limbs and her body and a fractured rib that had punctured her lung.

The Queensland Court of Appeal handed down its findings this week and found the jail sentence was within the acceptable range for an offence of this nature.

It found the man's sentence, given his past criminal history and other circumstances surrounding the offence, was not excessive and dismissed his application.

- APN NEWSDESK.



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