Apprehended Violence Application SENCON BRADLEY SAVINS for Elisabeth Ruth BROWN v John Anthony EATON [2021] NSWDC 33

Apprehended Violence Application SENCON BRADLEY SAVINS for Elisabeth Ruth BROWN v John Anthony EATON [2021] NSWDC 33

There was no error of fact, law or discretion identified in the Local Court's making of the ADVO. The evidence supported that Ms Brown reasonably feared intimidation by the appellant and had reasonable grounds, and the appellant’s history of alcohol abuse and breach of AVOs justified the order. Thus, the District Court should confirm the ADVO.

Parties
Appellant: John Anthony Eaton; Respondent: Elisabeth Ruth Brown; Other: Crown (Regina)
Jurisdiction
Australia
Judgment Date
26 February 2021
Procedural Posture
Apprehended Domestic Violence Order Appeal / Appeal From Local Court to District Court
Outcome
Appeal dismissed; orders below confirmed
Legal Topics
Apprehended Domestic Violence Order, Appeal Procedure, Domestic Violence, Intimidation, Section 16 and 17 Crimes (domestic & Personal Violence) Act
Criminal Law Apprehended Domestic Violence Order Appeal Procedure Domestic Violence Intimidation Section 16 and 17 Crimes (domestic & Personal Violence) Act

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 3 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

John Anthony Eaton

Appellant

Elisabeth Ruth Brown

Respondent

Crown (Regina)

Other

Procedural Posture

Apprehended Domestic Violence Order Appeal / Appeal From Local Court to District Court

Legal Issues

  1. 1 Whether an Apprehended Domestic Violence Order (ADVO) should have been made against the appellant under s16 Crimes (Domestic & Personal Violence) Act
  2. 2 Whether the findings below in relation to reasonable fear or grounds for fear were correct in law and fact
  3. 3 Whether there was error of law, fact or discretion by the Local Court

Ratio Decidendi

There was no error of fact, law or discretion identified in the Local Court's making of the ADVO. The evidence supported that Ms Brown reasonably feared intimidation by the appellant and had reasonable grounds, and the appellant’s history of alcohol abuse and breach of AVOs justified the order. Thus, the District Court should confirm the ADVO.

Court Disposition

Appeal dismissed; orders below confirmed

Orders

  • Leave granted to commence appeal out of time
  • Leave granted to file final FCC orders of 16 February 2021