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Smith v Blanch [2025] NSWCA 188
In this decision of the Court of Appeal, the Court has made a careful analysis of the procedure of making an Apprehended Personal Violence Order (‘APVO’), what is meant by ‘intimidation’, and the circumstances in which a finding will be sufficient for the making of an order.
Wass v Director of Public Prosecution (NSW); Wass v Constable Wilcock [2023] NSWCA 71
In this decision involving a plaintiff who wanted to regain his firearms licence, the Court of Appeal has held that it is not possible to apply to ‘revoke’ an expired Apprehended Domestic Violence Order (‘ADVO’).
GS v R; Director of Public Prosecutions (NSW) v GS [2022] NSWCCA 65
In this decision, the CCA (Payne JA; Rothman and Harrison JJ agreeing) has declared that ‘intentionally chokes’ within the meaning of s 37(1A) of the Crimes Act 1900 means ‘intentionally apply pressure to the neck so as to be capable of affecting the breath or the flow of blood to or from the head’.
Director of Public Prosecutions (NSW) v Banks [2019] NSWSC 363
The Supreme Court has determined a long-outstanding question about whether a Domestic Violence Evidence in Chief (‘DVEC’) recording might be admissible if the complainant doesn’t attend court. On appeal from the Local Court, a single judge of the Supreme Court has determined that admissibility is de
Director of Public Prosecutions (NSW) v Nikolovski [2017] NSWSC 1038
In this decision the Supreme Court has looked at the subtle differences between two different intimidation offences, and reminded courts that the prosecution is the sole decision-maker when it comes to choice of charges.