June 22, 2016

Stalk / intimidate: Domestic and Personal Violence. Contravene AVO: Police v HDS

Stalk/intimidate, Section 13(1) Crimes (Domestic and Personal Violence) Act 2007 – contravene AVO, Section 14(1) Crimes (Domestic and Personal Violence) Act 2007 – destroy or damage property, Section 195(1)(A) Crimes Act 1900 – supervised good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999

Facts:

HDS was the subject of an AVO which prevented him from visiting his family home; the charges brought against him relate to the breach of that AVO. HDS arrived at his family home demanding a lift, and – when he was told to leave – became enraged and kicked his sister’s car, causing damage. HDS was charged with intimidation, contravening an AVO and damaging property. He instructed O’Brien Solicitors to defend the first and last charges, and plead guilty to contravening the AVO.

Outcome:

The charge of intimidation was dismissed due HDS’s family being unwilling to supply evidence against him. HDS was found guilty on the charge of damaging property. The sentence handed down for damaging property and the breach of AVO was a 12 month supervised good behaviour bond.

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.