Coffs Harbour: Justin Gaetano domestic violence conviction overturned in appeal
Chess messages, media coverage and a mental health twist – how rejected evidence still led to partial victory in a double NSW District Court appeal.
Justin Michael Gaetano mounted a double appeal at Coffs Harbour District Court on Friday, armed with new evidence including chess game message screenshots and newspaper clippings in a bid to overturn his domestic violence conviction.
The self-represented offender appeared before Judge Michael McHugh challenging both his sentence and the severity of a 12-month conditional release order handed down in May 2025 for pushing his victim into a bathroom vanity.
Gaetano argued online chess messages proved the complainant was “unreliable,” but Judge McHugh swiftly rejected the evidence as “irrelevant,” questioning the identity of those involved.
Gaetano also blamed media coverage for causing “extracurial punishment” and employment difficulties, prompting Judge McHugh to defend press freedom: “It’s an open court, the press are free to report accurately.”
Crown prosecutors opposed the appeals, highlighting Gaetano’s 2023 convictions for similar offences and warning of an “escalation of like offences.”
Despite dismissing Gaetano’s evidence bundle for the sentencing appeal, Judge McHugh considered a June 2024 psychiatrist report under mental health provisions.
The judge acknowledged “some particular extracurial” due to Gaetano’s mental health issues and noted the offence was “towards the low end” — though he stressed “common assault is never a non-serious offence.”
While Gaetano’s sentencing appeal failed, his severity appeal partially succeeded. The conviction was quashed, though he remains subject to the same 12-month conditional release order from May 19.
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Originally published as Coffs Harbour: Justin Gaetano domestic violence conviction overturned in appeal
