Ramanayake v R; Ramanayake v Ramanayake [2016] NSWDC 141

District Court New South Wales

Medium Neutral Citation: Ramanayake v R; Ramanayake v Ramanayake [2016] NSWDC 141 Hearing dates: 8 February 2016 Date of orders: 08 February 2016 Decision date: 08 February 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal allowed in part

Conviction recorded and the sentence passed by Williams LCM sitting in the Local Court at Newtown on 21 May 2015 for assault occasioning actual bodily harm (sequence 2) set aside

Otherwise, appeal dismissed Catchwords: CRIME – Appeal against convictions and sentences passed – Husband and wife of 18 years, Sri Lankan immigrants with 3 children – Assault occasioning actual bodily harm and common assault – Varying versions of events given by complaint concerning assault occasioning actual bodily harm – Offence not proven beyond reasonable doubt – Appeal allowed – Common assault caused by appellant grabbing complaint's throat – Conduct not reasonably necessary for the common intercourse of life – Offence proven beyond reasonable doubt – Conviction and sentence appeal dismissed

CRIME – Appeal against final apprehended domestic violence order – Court not satisfied the complainant does in fact fear the appellant on a continuing basis, however complaint the victim of previous personal violence offences committed by appellant – No reason to set ADVO aside – Appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Category: Principal judgment Parties: Harshini Dinali Ramanayake (Appellant) Chithranjan Ramanayake (Respondent) Direct of Public Prosecutions (NSW) (Respondent) Representation: Mr S De Silva (Appellant) Solicitor for the Direct of Public Prosecutions (NSW) (Respondents) File Number(s): 2015/23345; 2015/22730 Publication restriction: Names of children anonymised Decision under appeal Court or tribunal: Newtown Local Court Date of Decision: 21 May 2015 Before: Williams LCM File Number(s): 2015/23345; 2015/22730