Wright v R (No. 2) [2021] NSWDC 766

Wright v R (No. 2) [2021] NSWDC 766

The Court was not persuaded on the balance of probabilities, applying s 140(2) of the Evidence Act 1995 (NSW) and Briginshaw, that the domestic violence alleged by the complainant occurred; the appellant's evidence was considered more plausible than the complainant's evidence, so the AVO could not remain in place.

Jurisdiction
Australia
Judgment Date
24 September 2021
Procedural Posture
Criminal Appeal Against Making of Apprehended Violence Order / District Court Appeal From Local Court AVO Made on 22 March 2021
Outcome
Appeal allowed; AVO set aside.
Legal Topics
['apprehended Violence Order' 'domestic Violence' 'standard of Proof' 'balance of Probabilities' 'briginshaw Principle']
['criminal Law' 'evidence'] ['apprehended Violence Order' 'domestic Violence' 'standard of Proof' 'balance of Probabilities' 'briginshaw Principle']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Making of Apprehended Violence Order / District Court Appeal From Local Court AVO Made on 22 March 2021

Legal Issues

  1. 1 ['Whether domestic violence offence(s) were proved on the balance of probabilities so as to justify the final Apprehended Violence Order remaining in place.']

Ratio Decidendi

The Court was not persuaded on the balance of probabilities, applying s 140(2) of the Evidence Act 1995 (NSW) and Briginshaw, that the domestic violence alleged by the complainant occurred; the appellant's evidence was considered more plausible than the complainant's evidence, so the AVO could not remain in place.

Court Disposition

Appeal allowed; AVO set aside.

Orders

  • ['The AVO made by the Local Court at Muswellbrook on 22 March 2021 is set aside.']