AA v R [2023] NSWDC 74

AA v R [2023] NSWDC 74

The magistrate erred by treating the July and August 2021 visits as significant and overstating the significance of Director of Public Prosecutions v Best [2016] NSWSC 261, but the Facebook posts nevertheless gave the PINOP reasonable grounds to fear the appellant. In the context of the ongoing family law dispute, the posts publicly denigrated the PINOP, blamed her for separating the appellant from the children, linked asserted unfairness in the family law system with extreme violence, and created a small but sufficient risk requiring protection. The order was necessary, including the additional contact and approach restrictions, but should only extend until shortly after the scheduled...

Jurisdiction
Australia
Judgment Date
30 March 2023
Procedural Posture
Criminal Appeal Concerning Apprehended Domestic Violence Order / Appeal From Sutherland Local Court to District Court Under S 84 Crimes (domestic and Personal Violence) Act 2007
Outcome
Appeal allowed in part; magistrate's order varied as to expiry date and otherwise confirmed.
Legal Topics
['apprehended Domestic Violence Order' 'appeal From Local Court to District Court' 'facebook Posts and Intimidation' 'reasonable Grounds to Fear' 'variation of ADVO Duration']
['criminal Law' 'domestic and Personal Violence' 'appeals and Review'] ['apprehended Domestic Violence Order' 'appeal From Local Court to District Court' 'facebook Posts and Intimidation' 'reasonable Grounds to Fear' 'variation of ADVO Duration']

Case Brief

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Procedural Posture

Criminal Appeal Concerning Apprehended Domestic Violence Order / Appeal From Sutherland Local Court to District Court Under S 84 Crimes (domestic and Personal Violence) Act 2007

Legal Issues

  1. 1 ['Whether the magistrate erred in making a further ADVO where an earlier ADVO was already in force.' 'Whether the Facebook posts gave the PINOP reasonable grounds to fear the appellant and warranted an ADVO.' "Whether additional orders restricting contact and approach were necessary for the PINOP's safety and protection." 'What duration of order was appropriate in light of pending family law proceedings.']

Ratio Decidendi

The magistrate erred by treating the July and August 2021 visits as significant and overstating the significance of Director of Public Prosecutions v Best [2016] NSWSC 261, but the Facebook posts nevertheless gave the PINOP reasonable grounds to fear the appellant. In the context of the ongoing family law dispute, the posts publicly denigrated the PINOP, blamed her for separating the appellant from the children, linked asserted unfairness in the family law system with extreme violence, and created a small but sufficient risk requiring protection. The order was necessary, including the additional contact and approach restrictions, but should only extend until shortly after the scheduled...

Court Disposition

Appeal allowed in part; magistrate's order varied as to expiry date and otherwise confirmed.

Orders

  • ['Appeal allowed in part.' 'The order made by the magistrate is varied to the extent that it will expire on 26 May 2023.' 'In all other respects, I confirm the orders of the magistrate.']