Coffs man Aaron Robert Logue acquitted of assault occasioning actual bodily harm in Byron, conviction set aside on appeal

A Coffs man originally found guilty of bashing his partner’s head into a wall on a Byron holiday has now been acquitted and his conviction set aside on appeal. Here’s why.

Aaron Robert Logue has now been acquitted and his conviction set aside after a long-running court battle. Picture: Facebook

A Coffs man originally found guilty of repeatedly bashing his partner’s head into a wall during a Byron holiday has now been acquitted and his conviction set aside on appeal.

Aaron Robert Logue, 40, was excused from appearing before Judge Jonathan Priestley in Lismore District Court on Friday.

Judge Priestley spoke of various reasons for the new decision on the case, including inconsistency from Mr Logue’s former partner, written submissions and new video evidence.

Aaron Logue outside Byron Courthouse. Picture: Savannah Pocock.

Earlier this month, defence barrister Sophie Anderson told the court: “The whole event just didn’t occur.”

She argued Mr Logue’s ex made the incident up, she was intoxicated at the time and fell down in a drunken rage.

Mr Logue, 40, was convicted of assault occasioning actual bodily harm when he faced Magistrate Karen Stafford in Byron Bay Local Court on December 20 last year, despite pleading not guilty.

He ended up being placed on a two year community corrections order, fined $2000 and an AVO was ordered for two years.

At the time, he was found not guilty of larceny and intimidation.

As he acquitted Mr Logue, Judge Priestley said there was “issues” regarding the complainant’s credibility and her injuries were consistent with falling, rather than the claimed attack.

Aaron Robert Logue won his case and was acquitted on appeal.

He told the court the woman’s statements to the court were inconsistent and she had been grossly intoxicated after consuming “numerous cocktails and ten glasses of wine”.

Judge Priestley found the woman did hit Mr Logue – and he had assisted her after she became injured.

“In her own evidence she does not recall the exact time of the assault and could not explain injuries to both sides of her head,” he said.

Judge Priestley said the wall the woman claimed to have been repeatedly bashed against was not tile as alleged, and no blood was found on the gyprock.

He told the court the evidence was not properly checked initially.

“I accept submissions an error was made and Ms Stafford did not properly check the evidence,” Judge Priestley said.

He declared: “The appeal is allowed and conviction set aside.”

The defence will now seek costs, the court heard.