Gianoutsos v Glykis

(2006) 65 NSWLR 539; [2006] NSWCCA 137

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Apprehended violence orders
3. › Apprehended personal violence order
4. › Whether reasonable grounds for fear
5. › Whether necessary to find respondent actually engaged in conduct
6. › Whether sufficient that applicant has reasonable grounds to fear engagement in conduct
7. › Crimes Act 1900 (NSW), s 562AI
1. Appeal
2. › Appeal from Local Court to District Court
3. › Nature of appeal
4. › Whether hearing de novo or rehearing on transcript
5. › Onus of proof on rehearing
6. › Crimes (Local Courts Appeal and Review) Act 2001 (NSW), s 18
1. Evidence
2. › Standard of proof
3. › Civil standard
4. › Balance of probabilities
5. › Briginshaw v Briginshaw
6. › Whether 'comfortable satisfaction' imposes higher standard than balance of probabilities
1. Practice and Procedure
2. › Reasons for judgment
3. › Adequacy of reasons
4. › Obligation to expose reasoning on critical issues
5. › Whether failure to analyse evidence rendered reasons inadequate

Quick Take

An appeal under s 18 of the Crimes (Local Courts Appeal and Review) Act 2001 (NSW) is a rehearing on the transcript, not a hearing de novo, though the District Court's powers are not dependent on finding error below. The standard of proof for an APVO under s 562AI of the Crimes Act 1900 (NSW) is the balance of probabilities; the Briginshaw principle does not impose a third standard of proof requiring 'comfortable satisfaction'. The statutory inquiry under s 562AI requires only that the applicant has reasonable grounds to fear the engagement of the other person in the relevant conduct — it does not require a finding that the respondent actually engaged in that conduct.