R v GIBBON [2008] NSWDC 227

R v GIBBON [2008] NSWDC 227

The offence of breaching an apprehended domestic violence order is made out where the defendant intentionally engages in prohibited conduct (harassing telephone calls), knowing there is an order, regardless of whether he intended to cause harassment or intimidation.

Jurisdiction
Australia
Judgment Date
17 September 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Offence proved; charge dismissed without proceeding to conviction under s 10 of the Crimes (Sentencing Procedure) Act.
Legal Topics
['mens Rea' 'breach of Apprehended Domestic Violence Order' 'harassment' 'crimes (sentencing Procedure) Act S 10']
['criminal Law'] ['mens Rea' 'breach of Apprehended Domestic Violence Order' 'harassment' 'crimes (sentencing Procedure) Act S 10']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['What is the necessary mens rea for breach of an apprehended domestic violence order under s 562ZG(1) of the Crimes Act 1900?' 'Does an intention to harass constitute the required mens rea or is mere intention to engage in the conduct sufficient?']

Ratio Decidendi

The offence of breaching an apprehended domestic violence order is made out where the defendant intentionally engages in prohibited conduct (harassing telephone calls), knowing there is an order, regardless of whether he intended to cause harassment or intimidation.

Court Disposition

Offence proved; charge dismissed without proceeding to conviction under s 10 of the Crimes (Sentencing Procedure) Act.

Orders

  • ['Pursuant to s 10 of the Crimes (Sentencing Procedure) Act, offence proved but conviction not recorded; charge dismissed.']