Dowling v R [2015] NSWDC 205

Dowling v R [2015] NSWDC 205

The evidence did not establish beyond reasonable doubt that Ms Dowling's conduct was done with intention to cause fear of physical or mental harm, nor that she entered or loitered about the premises as prohibited under the order. Accordingly, convictions were set aside.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 June 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Local Court
Outcome
Convictions set aside, appeal allowed.
Legal Topics
['appeal Against Conviction' 'apprehended Violence Order' 'intimidation' 'contravention of Order']
['criminal Law'] ['appeal Against Conviction' 'apprehended Violence Order' 'intimidation' 'contravention of Order']

Source-derived case record

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Procedural Posture

Criminal Appeal / Appeal Against Conviction From Local Court

Legal Issues

  1. 1 ["Whether the appellant's conduct amounted to intimidation under s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007" 'Whether the appellant knowingly contravened a prohibition or restriction specified in an apprehended violence order under s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007']

Ratio Decidendi

The evidence did not establish beyond reasonable doubt that Ms Dowling's conduct was done with intention to cause fear of physical or mental harm, nor that she entered or loitered about the premises as prohibited under the order. Accordingly, convictions were set aside.

Court Disposition

Convictions set aside, appeal allowed.

Orders

  • ['The convictions entered in the Local Court are set aside.']