Man appeals assault conviction for nightclub punch
SAMUEL Sawyers has appealed to Queensland's highest court after he was convicted of punching and kicking another man.
The fight occurred after Mr Sawyers was seen dancing with the alleged victim's girlfriend, Queensland's Court of Appeal heard.
Mr Sawyers, who was sentenced to three years jail for assault occasioning grievous bodily harm, has appealed his conviction, claiming the lawyer representing him at trial was incompetent, which led to an unjust outcome.
A jury convicted Mr Sawyers after a trial in Rockhampton in February. He was sentenced to jail and will be eligible for parole in August next year.
On Thursday the Queensland Court of Appeal heard the assault occurred at Rockhampton nightclub Zodiac.
Mr Sawyers told police he punched the man, who then fell to the floor and then Mr Sawyers kicked him. But he said it was an act of self defence and that the victim has swung first but missed, the court heard.
On Thursday Mr Sawyers's lawyer Simone Bain said her client's lawyer during the trial was inexperienced, incompetent and did not object when necessary, which led to the jury hearing evidence that should not have been allowed.
Ms Bain said a collection of these instances resulted in an unfair trial and a miscarriage of justice.
But prosecutor David Meredith said the trial was conducted a particular way because Mr Sawyer had admitted to police that he punched and kicked the victim. He said the way the trial was conducted did not reflect incompetence.
The Court of Appeal has reserved its decision and a judgment will be delivered at a future date.
- APN NEWSDESK
*This story has been corrected. It had an error which stated the woman involved was Mr Sawyers's girlfriend.