AA v R [2023] NSWDC 74

District Court New South Wales

Medium Neutral Citation: AA v R [2023] NSWDC 74 Hearing dates: 9 March 2023 Date of orders: 30 March 2023 Decision date: 30 March 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1. Appeal allowed in part. 2. The order made by the magistrate is varied to the extent that it will expire on 26 May 2023. 3. In all other respects, I confirm the orders of the magistrate. Catchwords: CRIME — Appeal and review — Appeal from Local Court to District Court — By person sentenced against sentence Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Domestic and Personal Violence) Act 2007 Cases Cited: AG v Director of Public Prosecutions [2015] NSWCA 218 Carrington Slipways Pty Ltd v Callaghan (1985) 11 IR 467 Charara v R [2006] NSWCCA 244 Fox v Percy (2003) 214 CLR 118 Gianoutsas v Glykis [2006] NSWCCA 137 Lumney v Director of Public Prosecutions [2021] NSWCA 186 McNab v Director of Public Prosecutions [2021] NSWCA 298 Category: Principal judgment Parties: AA (Appellant) Rex (Crown) Representation: Counsel: C Soto (Appellant)

Solicitors: Sterling Legal (Appellant) Office of the Director of Public Prosecutions (Crown) File Number(s): 2021/240286 Publication restriction: None Decision under appeal Court or tribunal: Sutherland Local Court Jurisdiction: Local Court Date of Decision: 2 September 2022 Before: Magistrate Donnelly