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Queensland police appeal to have conviction recorded against officer who leaked DV victim's address

<span>Photograph: Glenn Hunt/AAP</span>
Photograph: Glenn Hunt/AAP

The Queensland police service has announced it will appeal a recent decision to overturn the jail sentence and conviction of an officer, Neil Punchard, who leaked the address of a domestic violence victim.

Punchard pleaded guilty to nine counts of computer hacking last year. He was convicted and sentenced to two months in prison, wholly suspended, by the Brisbane magistrates court.

On 1 September, the Queensland district court overturned the sentence on appeal. Punchard was instead ordered to complete community service and no conviction was recorded.

The police commissioner, Katarina Carroll, has been under pressure to sack the senior constable, who hacked into a confidential police system nine times in 2014, including to obtain the address of Julie*. He sent it to her violent former husband.

Guardian Australia understands the decision by the appeal court not to record a conviction means the police service lacks adequate grounds to now terminate Punchard’s employment.

Related: Queensland police officer who leaked address of domestic violence victim has conviction overturned

The situation is complicated by the fact police have already punished Punchard by docking his pay, after an initial discipline investigation.

Julie said she was pleased police had decided to appeal.

“Thank god for that,” she said when contacted by Guardian Australia.

“This process has failed all the way through to recognise the negative impact on me and trauma that it has caused.”

Punchard sent the address and a series of text messages to his childhood friend, Julie’s former partner, in 2014. The man would later be convicted of domestic violence offences.

“Just tell her you know where she lives and leave it at that. Lol,” Punchard wrote to the man after sending the address.

In another message, he said: “The police will contact you if they want to speak to you … then you give them my name. That is your get-out-of-jail-free card.”

Police have previously told Guardian Australia they were considering an appeal and that the commissioner had “publicly acknowledged that a failure to discharge prescribed responsibilities in an ethical, professional and lawful manner erodes public trust and confidence in the QPS”.

In a statement on Monday, police said they had now sought leave to appeal the finding of the district court.

“The decision to lodge the appeal was reached after careful consideration of the judgement and independent legal advice.

“This has taken some time due to the seriousness of this matter and the need to give it thorough consideration in the context of a complex legal framework.

“Once the appeal process has been finalised, the commissioner will then consider the effect of the decision on the assessment of the suitability of the officer to remain employed by the QPS. The officer remains suspended from duty.”