Ferris v Atherton [2014] NSWDC 272

Ferris v Atherton [2014] NSWDC 272

The appeal was dismissed because, even taking the applicant's case at its highest, there was insufficient evidence, particularly of reliable voice identification, to satisfy the statutory requirements for granting an apprehended personal violence order on the balance of probabilities.

Jurisdiction
Australia
Judgment Date
27 May 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['apprehended Personal Violence Order' 'procedure on Appeal' 'voice Identification Evidence' 'summary Dismissal' 'application of Practice Note']
['criminal Law'] ['apprehended Personal Violence Order' 'procedure on Appeal' 'voice Identification Evidence' 'summary Dismissal' 'application of Practice Note']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Local Court erred in dismissing the application for an apprehended personal violence order under the wrong legal rules' 'Whether the test under s 19 of the Crimes (Domestic and Personal Violence) Act 2007 was satisfied' 'Whether proper procedure under Practice Note and rules was followed']

Ratio Decidendi

The appeal was dismissed because, even taking the applicant's case at its highest, there was insufficient evidence, particularly of reliable voice identification, to satisfy the statutory requirements for granting an apprehended personal violence order on the balance of probabilities.

Court Disposition

Appeal dismissed

Orders

  • []