Purcell v Director of Public Prosecutions (NSW) [2021] NSWDC 10

District Court New South Wales

Medium Neutral Citation: Purcell v Director of Public Prosecutions (NSW) [2021] NSWDC 10 Hearing dates: 4-5 February 2021 Date of orders: 5 February 2021 Decision date: 05 February 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 109 Catchwords: CRIMINAL – conviction appeal – domestic violence offence – contravention of apprehended violence order – stalking and intimidation – proof of service of Interim AVO – whether service of AVO could be waived by accused's subsequent court appearance – whether charges for contravention of AVO bad for duplicity – whether multiple commission of offence duplicitous EVIDENCE – statement of service under Local Court rule – hearsay rule – whether document admissible as business record Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 3, 13, 14, 22, 24, 47, 50, 52, 55, 66, 73, 76, 77 Crimes (Domestic and Personal Violence) Regulation 2014 (NSW) Crimes (Domestic and Personal Violence) Regulation 2019 (NSW) Evidence Act 1995 (NSW) ss 59, 66, 69 Local Court Act 2007 (NSW) Local Court Rules 2009 (NSW) r 5 Cases Cited: Director of Public Prosecutions v Merriman [1973] AC 584 Juss v Magistrates' Court at Victoria [2003] VSC 365 Mahmood v Western Australia (2008) 232 CLR 397 R (Cth) v Petroulias (No.1) (2006) 217 FLR 242 R v Moussad (1999) 152 FLR 373; [1999] NSWCCA 337 R v Wilson (1979) 69 Cr App R 83 Vitali v Stachnik [2001] NSWSC 303 Young v Sprague [2015] NSWSC 1874 Category: Principal judgment Parties: Ms D Purcell (appellant) Director of Public Prosecutions (NSW) (respondent) Representation: Counsel: Mr B Levet for the appellant Solicitor Advocate for the Director of Public Prosecutions (NSW) File Number(s): 2019/19613; 2019/4332 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Criminal Citation: Unreported Date of Decision: 28 April 2020 Before: Magistrate M Goodwin File Number(s): 2019/19613; 2019/4332