The QPS confirmed on September 28 that it might enchantment towards the diminished sentence.
Court docket paperwork present Ms Carroll needs Punchard’s enchantment and diminished sentence to be put aside.
“The grounds of my software are the discovered choose erred in setting apart the sentences at first occasion, as these sentences had been inside sound train of the sentencing discretion,” police legal professionals submitted on Ms Carroll’s behalf.
“The discovered choose erred in fettering the sentencing discretion by the ends in previous instances.
“The orders are essential to right a considerable injustice to the applicant within the discovered choose setting apart a sentence which was throughout the sound train of the sentencing discretion.
“That was an error of legislation requiring appellate intervention.
“The Court docket of Attraction has not beforehand thought of sentences below part 408E of the Prison Code 1899, particularly in relation to law enforcement officials, and this case might set a precedent in such instances.
“The District Court docket determination doesn’t replicate basic deterrence issues and has the tendency to erode public confidence within the Queensland Police Service.”
Punchard used police computer systems 9 instances over a 12 months to entry restricted details about the lady. He was stood down from official police duty late final 12 months after beforehand being disciplined and dropping a pay level.
The sufferer was compelled into hiding after Punchard texted her deal with to her ex-husband, who was the officer’s childhood pal.
Talking exterior courtroom after the profitable enchantment determination was handed down final month, the home violence sufferer on the centre of the case mentioned she was “actually upset” and referred to as Ms Carroll to sack Punchard from the service to indicate she was severe about “defending harmless girls and youngsters”.
Ms Carroll was requested if she would fireplace the officer at an unrelated press convention within the days after the profitable enchantment. She replied that she was in search of recommendation on what she may do “below our Act”.
In 2019, a tribunal discovered Queensland police could have done more to stop Punchard leaking the lady’s particulars.
– with Matt Dennien
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Toby Crockford is a breaking information reporter on the Brisbane Instances