Breach

The cases identified here provide examples of the way judicial officers have dealt with some of the issues raised in the context statement.

Click on the citation to be directed to a summary of the case in the Case Database.

  • Suksa-Ngacharoen v Regina [2018] NSWCCA 142 (10 August 2018) - New South Wales Court of Criminal Appeal

    Wilson J said at [132]:

    ‘The criminality of breaching an ADVO rests in the complete disregard for an order of a court, conduct which has the practical effect of undermining the authority of the courts, and preventing the courts from extending effective protection to persons at risk of harm from another. The legislative intent of the scheme for apprehended domestic violence orders is to permit a court to restrain the conduct of an individual who poses a risk to a person with whom he or she is or was in a domestic relationship… Conduct which involves deliberate disobedience of a court order must be treated as serious, and should ordinarily be separately punished from any offence that occurs at the same time, always having regard to the requirements of the totality principle as set out in Pearce v The Queen (1989) 194 CLR 610.’
  • Director of Public Prosecutions (Victoria) v Turner [2017] VSC 358 (23 June 2017) – Supreme Court of Victoria
    Bell J at [18]: That you committed this contravention in circumstances associated with the crime of manslaughter is a very serious matter. Family violence intervention orders are not worthless pieces of paper. The general purpose of a family violence intervention order is to provide legally enforceable protection for the safety of the individual, usually a woman at risk of violence from a man.