Police v Ben Alcott [2005] NSWLC 17

Local Court of New South Wales

CITATION: Police v Ben Alcott [2005] NSWLC 17 JURISDICTION: Criminal PARTIES: Police Ben Alcott FILE NUMBER: PLACE OF HEARING: The Downing Centre DATE OF DECISION: 06/28/2005 MAGISTRATE: Magistrate V Swain CATCHWORDS: Apprehended domestic violence application - Police - Adjournment of Proceedings - Costs on Adjournment Local Court (Civil Claims) Rules 1988 Rule 2 LEGISLATION CITED: Crimes Act s 562N Crimes Act 1900 Part 15A Biviano v Natoli 1998 43 NSWLR 695 CASES CITED: John Fairfax Publications Pty Ltd v Ryde Local Court, Supreme Court of NSW, 2nd March and 11th April 2005 unreported Grassby v R (1989) 168 CLR 1 Gould v Mt Oxide Mines Ltd (In Liq) (1916) 22 CLR 490 at 517 REPRESENTATION: Sergeant Huolohan of NSW Police for and on behalf of the complainant Ms J Martin Mr D G Price of Counsel for and with the defendant Mr B Alcott ORDERS: I order that the Police pay costs of the day on adjournment of the Defendant in the sum of $2,640.00. To be paid to the Clerk of the Local Court, Level 4 Downing Centre within 28 days for payment out to the Defendant Ben Alcott

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JUDGMENT

This is an application for costs on an adjournment in an application for an apprehended domestic violence during a cause to show hearing. The application has been made on behalf of the defendant in the proceedings against the Police who acted for the complainant.

HISTORY

A complaint was made by Jenny Martin to the Police. Constable Abbott on behalf of Ms Martin complained that: "On Thursday 5 August, 2004 the Pinop found a large postal envelope which contained five pages of explicit and intimate photographs of herself inside the envelope. The Pinop recognized the photographs as being those taken by her ex boyfriend(the defendant), Ben Alcott. The photographs were taken approximately two years ago and to the Pinops knowledge the defendant was the only person who had any copies of the photographs. There was also a hand written note with the photographs that the Pinop recognized as the defendant's handwriting. Upon seeing the photographs the Pinop felt extremely shocked and intimidated. The Pinop then contacted Police in relation to the matter. She then attended Sutherland Police Station where she made a formal complaint and statement in relation to the matter. Te defendant was contacted by telephone and several messages were left for him to contact Police. An appointment was made for the defendant to attend the City Central Police Station on 21/8/04 to be interviewed in relation to the allegations made by the Pinop. The defendant declined to be interviewed but decided to make a formal statement to his barrister, David Price. That statement was then faxed to Police on 21/8/04.