Barber v DPP [2021] NSWDC 7

District Court New South Wales

Medium Neutral Citation: Barber v DPP [2021] NSWDC 7 Hearing dates: 03 February 2021 Date of orders: 03 February 2021 Decision date: 03 February 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 33 Catchwords: CRIMINAL LAW – conviction appeal – domestic violence offence – whether inconsistencies in complainant's evidence – whether appellant acted in self-defence – whether appellant's actions were a reasonable response to provocation Legislation Cited: Crimes Act 1900 (NSW), s 418 Cases Cited: AG v Director of Public Prosecutions (NSW) [2015] NSWCA 218 Charara v R (2006) 164 A Crim R 39; [2006] NSWCCA 244 Douglas v R [2005] NSWCCA 419 Fox v Percy (2003) 214 CLR 118 R v Katarzynski [2002] NSWSC 613 Category: Principal judgment Parties: Mr A Barber (Appellant) Director of Public Prosecutions (Respondent) Representation: Counsel:

Mr M McAuliffe for the appellant Solicitor Advocate for the Director of Public Prosecutions File Number(s): 2019/60843; 2019/60824 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Criminal Citation: Unreported Date of Decision: 21 February 2020 Before: Magistrate L McManus File Number(s): 2019/60843; 2019/60824

JUDGMENT 1. This is an appeal against the determination of her Honour Magistrate McManus of the Local Court in Burwood on 21 February 2020 to convict the appellant of the offence of common assault, under s 61 of the Crimes Act 1900 (NSW). The offence was perpetrated against the appellant's then partner, Ms Kumpor, at their home, in Campsie on 24 February 2019.