NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Breen v Rose [2023] NSWDC 266 Hearing dates: 09 March 2023 Date of orders: 19 July 2023 Decision date: 19 July 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Appeal allowed in part. (2) The costs order made by the magistrate on 17 August 2022 is set aside. Catchwords: APPEALS - 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 Charara v R [2006] NSWCCA 244 Cunningham v Cunningham [2021] NSWSC 849 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: Douglas Breen (Appellant) Michael Rose (Respondent) Representation: Counsel: M McGirr (Appellant) D O'Connor (Respondent)
Solicitors: Morson Law (Appellant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2020/159434 Publication restriction: None Decision under appeal Court or tribunal: Sutherland Jurisdiction: Local Court Date of Decision: 14 July 2022 Before: Magistrate Atkinson File Number(s): 2020/159434
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