May 17, 2016

Contravene apprehended violence order: Police v GMS

Contravene apprehended violence order, Section 14(1) Crimes (Domestic and Personal Violence) Act 2007  – stalking or intimidation with intent to cause fear of physical or mental harm, Section 13(1) Crimes (Domestic and Personal Violence) Act 2007 – plea of guilty – 12 month good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999  – not guilty to other charges

Facts:

GMS and the victim had been in a relationship, which ended with GMS placed under an apprehended violence order (AVO). The first incident occurred when GMS visited the victim’s home. The victim contacted police, who attended a short time later. When police arrived at the house they found GMS standing in a wardrobe behind a rack of clothes. GMS was charged with a breach of AVO in relation to this incident.

The second incident occurred the following day. The victim received a call from a private number – upon answering, she was verbally abused down the phone. The victim notified police, and identified the voice as that of GMS. GMS was charged with a breach of AVO and with stalk/intimidate in relation to this incident.

Outcome:

GMS plead guilty to the first breach of AVO. He received a good behaviour bond of 12 months. In relation to the two charges of the second incident, it was argued that the evidence presented to identify GMS did not establish his identity beyond reasonable doubt. After casting doubt on the identification evidence, GMS was found not guilty of both charges.

If you are facing an AVO or AVDO, contact O’Brien Solicitors on (02) 9261 4281 to set up a free appointment with the apprehended violence order defence lawyers in our Sydney office.