GIANOUTSOS v GLYKIS [2006] NSWCCA 137

Reported Decision : 162 A Crim R 64 (2006) 65 NSWLR 539

New South Wales Court of Criminal Appeal

CITATION: GIANOUTSOS v GLYKIS [2006] NSWCCA 137

HEARING DATE(S): 20 March 2006

JUDGMENT DATE: 1 May 2006

JUDGMENT OF: McClellan CJ at CL at 1; Sully J at 65; Hislop J at 66

DECISION: 1. Grant leave to appeal; 2. Remit the matter to the District Court to be determined in accordance with the answers to the questions raised in the appeal.; 3. Order the respondent to pay the appellant's costs of the appeal.

CATCHWORDS: CRIMINAL LAW - application for an apprehended personal violence order - anonymous emails - whether reasonable grounds for fear - whether the District Court appeal a hearing de novo - whether the judge erred in treating the appeal as a hearing de novo - onus of proof - standard of proof - balance of probabilities - whether necessary to be satisfied that there was conduct amounting to harassment or intimidation - adequacy of reasons

Criminal Appeal Act 1912 LEGISLATION CITED: Crimes (Local Courts and Review) Act 2001 (NSW) Justices Legislation Amendment (Appeals) Act 1998 (NSW)

Ainger v Coffs Harbour City Council [2005] NSWCA 424 Allesch v Maunz (2000) 203 CLR 172 Briginshaw v Briginshaw (1938) 60 CLR 336 Camilleri's Stock Feeds Pty Ltd v EPA (1993) 32 NSWLR 683 Cooper v Coffs Harbour Council (1997) 98 A Crim R 340 Ex parte Day; Re Crampton (1943) 43 SR (NSW) 349 CASES CITED: G v H (1994) 124 ALR 353 George Pakis (1981) 3 A Crim R 132 Kantor v Vosahlo [2004] VSCA 235 Longshaw (1990) 20 NSWLR 554 Powell v Streatham Manor Nursing Home [1935] AC 243 R v Kurtic (1996) 85 A Crim R 57 Turnbull v New South Wales Medical Board [1976] 2 NSWLR 281