NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Spence v R [2020] NSWDC 442 Hearing dates: 6 August 2020 Date of orders: 7 August 2020 Decision date: 07 August 2020 Jurisdiction: Criminal Before: Priestley SC Decision: See [30] Catchwords: MEDIA AND COMMUNICATIONS — Telecommunications services — Offences — Use of carriage service to Menace, Harass or Offend. CRIME — Domestic violence — Stalking or intimidation APPEALS — Jurisdiction of appellate court — District Court – Appeal Upheld. Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Commonwealth Criminal Code 1995 (Cth) Crimes (Appeal and Review) Act 2001 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Englebrecht v DPP [2016] NSWCA 290 Dyason v Butterworth,[68] Charara v R [2006] NSWCCA 244; (2006) 164 A Crim R 39 B v Director of Public Prosecutions [2014] NSWCA 232 Fleming v R (1998) 197 CLR 250 Category: Principal judgment Parties: Crown (Regina) Spence (Appellant) Representation: Solicitors: Cramer for the Department of Public Prosecutions Manwaring for the Appellant File Number(s): 2018/00023173 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Local Court Jurisdiction: Crime
Contents Judgment Introduction The hearing below The facts Count 1 Count 2 Count 3 Determination Count 1 Count 2 Count 3 Sundry matters Orders
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