Wotton v Wotton [2021] NSWDC 282

Wotton v Wotton [2021] NSWDC 282

Although the father was not shown to fear the appellant in fact, s 16(2) made such fear unnecessary. In the context of a history of family confrontation, including an instance of physical confrontation, the Court was satisfied on the balance of probabilities that there was a reasonable likelihood that the appellant may commit a personal violence offence against his father, so the appeal against the Apprehended Domestic Violence Order was dismissed.

Jurisdiction
Australia
Judgment Date
13 April 2021
Procedural Posture
Criminal Appeal From Local Court to District Court; Appeal Against Sentence Concerning an Apprehended Domestic Violence Order / Appeal Against Local Court Decision Dated 21 October 2020; Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
['appeal From Local Court to District Court' 'appeal Against Sentence' 'apprehended Domestic Violence Order' 'reasonable Likelihood of Personal Violence Offence' 'fear of Protected Person Not Necessary Under S 16(2)']
['criminal Law' 'domestic and Personal Violence'] ['appeal From Local Court to District Court' 'appeal Against Sentence' 'apprehended Domestic Violence Order' 'reasonable Likelihood of Personal Violence Offence' 'fear of Protected Person Not Necessary Under S 16(2)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal From Local Court to District Court; Appeal Against Sentence Concerning an Apprehended Domestic Violence Order / Appeal Against Local Court Decision Dated 21 October 2020; Decision on Appeal

Legal Issues

  1. 1 ['Whether an Apprehended Domestic Violence Order should be made despite the protected person not in fact fearing the appellant.' 'Whether, on the balance of probabilities, there was a reasonable likelihood that the appellant may commit a personal violence offence against his father for the purposes of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).']

Ratio Decidendi

Although the father was not shown to fear the appellant in fact, s 16(2) made such fear unnecessary. In the context of a history of family confrontation, including an instance of physical confrontation, the Court was satisfied on the balance of probabilities that there was a reasonable likelihood that the appellant may commit a personal violence offence against his father, so the appeal against the Apprehended Domestic Violence Order was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']