DM v R (No. 1) [2021] NSWDC 813

District Court New South Wales

Medium Neutral Citation: DM v R (No. 1) [2021] NSWDC 813 Hearing dates: 11-12 October 2021 Date of orders: 12 October 2021 Decision date: 12 October 2021 Jurisdiction: Civil Before: Neilson DCJ Decision: 1. Appeal allowed. 2. I set aside the conviction recorded and any sentence passed by Viney LCM sitting in the Burwood Local Court on 15 April 2021 3. I set aside the ADVO made by the Local Court at Burwood on 15 April 2021. 4. Adjourned to 14 October 2021 for the Appellant's application for costs. Catchwords: CRIME – APPEAL – CONVICTION APPEAL – Onus of proof – Allegation that Appellant assaulted son aged 9 years and 8 months – Police relied on evidence of son (unsworn) and his mother and reliable, good character and background of Appellant had to be taken into account on both propensity and guilt. Legislation Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Crimes (Domestic and Personal Violence) Act 2007 (NSW) Evidence Act 1995 (NSW) Cases Cited: Melbourne v The Queen (1999) 198 CLR 1 R v Murray (1987) 11 NSWLR 12 Texts Cited: Nil. Category: Principal judgment Parties: R – Crown Appellant – DM Representation: R – Trajovski of the Office of the Direction of Public Prosecutions (NSW) Appellant – James, G. QC, Searson File Number(s): 2020/00238290 Publication restriction: Nil. Decision under appeal Court or tribunal: Local Court of New South Wales at Burwood Jurisdiction: Civil Citation: Nil. Date of Decision: 15 April 2021 Before: Viney LCM File Number(s): 2020/00238290