R v GIBBON [2008] NSWDC 227

New South Wales District Court

CITATION: R v GIBBON [2008] NSWDC 227

HEARING DATE(S): 17/09/08

JUDGMENT DATE: 17 September 2008

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ at 18

CATCHWORDS: Appeal against conviction - Mens rea for breach of apprehended domestic violence order

LEGISLATION CITED: Crimes (Sentencing Procedure) Act s 10

PARTIES: DPP B Gibbon

FILE NUMBER(S): 2008/00007126

SOLICITORS: Ms Coyle Mr Jones

JUDGMENT

1 The appellant appeals against a conviction imposed by the Waverley Local Court on 28 April 2008 for the offence that, between 12.15pm and 12.50pm on 26 December 2007 at Maroubra, he knowingly contravened a prohibition order restriction specified in apprehend domestic violence order (ADVO), contrary to s 562ZG(1) of the Crime Act 1900 as it then was.

2 Pursuant to an ADVO protecting F, for a period of two years from 18 May 2006: "(a) The defendant must not engage in conduct that intimidates the protected person(s) or any other person having a domestic relationship with the protected person(s) and; … (1) The defendant must not assault, molest, harass, threaten or otherwise interfere with the protected person(s)."

3 F and the appellant resided in a de facto relationship for a period of eighteen years, terminating approximately six years before 26 December 2007. There were three children of the relationship, aged fifteen, eleven and nine years. The appellant did not have regular contact with the children, except for the oldest child, with whom he had frequent contact. Over the Christmas period, the appellant had not seen the children.

4 On Boxing Day 2007, F was at home with the couple's three children. Her home was owned by the appellant. It was the subject of Family Court proceedings. F was preparing to go out. She was running late