Paul Garde v MD [2009] NSWDC 389

New South Wales District Court

CITATION: Paul Garde v MD [2009] NSWDC 389

HEARING DATE(S): 07/12/2009 and 08/12/2009

JUDGMENT DATE: 10 December 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Appeal dismissed. DECISION: 2 year APVO with the mandatory A, B & C orders imposed by the learned magistrate confirmed. Costs of appeal as assessed to be paid by appellant. Orders of court costs as imposed by the learned magistrate confirmed. The two orders, now lo longer having relevance, imposed by the learned magistrate quashed:

CATCHWORDS: Criminal Law - Local Court Appeal to District Court - against Apprehended Personal Violence Order - objective and aims of domestic violence legislation - scope of appellate jurisdiction - rehearing - not to abe on basis law and events are frozen to time original application heard - evidence rejected at first instance may be admissible on appeal - Local Court judgment can be received at appeal hearing - what constitutes intimidation - publications may constitute intimidation - findings of intimidation - fear and reasonable grounds for fearing.

s. 84 Crimes (Domestic and Personal Violence) Act 2007 LEGISLATION CITED: s. 18 Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986

Edwards v Noble (1971) 125 CLR 298 at E304 Camilleri Stock Feeds Ply v EPA (1993) 32 NSWLR 683 at p 689 Gianoutsos v Glykis (2006) 65 NSWLR 539 at 544 at [31] CASES CITED: Charara v The Queen [2006] NSWCCA 244 Ex Parte Currie v Dempsey (1968) 70 SR 1 at p10 Queen v Apostolides (1984) 154 CLR 563 Fox v Percy (2003) 214 CLR 118