R v Guider [2024] NSWDC 588

District Court New South Wales

Medium Neutral Citation: R v Guider [2024] NSWDC 588 Hearing dates: 11 December 2024 Date of orders: 11 December 2024 Decision date: 11 December 2024 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph [44] Catchwords: CRIMINAL LAW – appeals and reviews – appeals against Local Court convictions – domestic violence offences – 'word on word' dispute – absence of objective proof when photographs of complainant were taken – significance of need for and application of Mahmood direction – significance of good character Legislation Cited: Crimes Act 1900 (NSW), ss, 37, 59(1), 61 Cases Cited: Blacktown City Council v Hocking [2008] NSWCA 144 R v Scott [2023] NSWDC 271 Texts Cited: Nil Category: Principal judgment Parties: Mr Mitchell Guider (Appellant) Office of the Director of Public Prosecutions (ODPP) (Respondent) Representation: Counsel: Mr D Shridhar / Mr V Pawar (Appellant) Mr B El-Kheir (Solicitor Advocate, Respondent)

Solicitors: Men's Legal Service ODPP File Number(s): 2023/00233068 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Local Court Jurisdiction: Criminal Date of Decision: 10 May 2024 Before: Christofi LCM File Number(s): 2023/00233068

REASONS FOR JUDGMENT

Background 1. On 10 May 2024 Mr Mitchell Guider, the appellant, was convicted of three domestic violence type offences by the Parramatta Local Court. He was later sentenced. By this appeal he appeals the convictions and the severity of this sentence, in the aggregate, was a 15-month term of imprisonment, to be served by an order for intensive correction and including supervision and involving a community service condition.