Last week I achieved a not guilty verdict for a client at Sutherland Local Court in relation to a charge of knowingly contravene an AVO and use a carriage service to harrass, menace, or offend.
A person who knowingly contravenes an AVO faces upto 2 years imprisonment pursuant to section 14 of the Crimes (Domestic and Personal Violence) Act 2007
Further, a person who uses a carriage service to harrass, menance, or offend faces upto 5 years imprisonment (2 years in the Local Court) pursuant Section 474.17(1) of the Criminal Code (Cth).
The Police alleged that my client called the alleged victim, who was protected by the AVO, 37 times.
The client said that he was unaware that he was dialling her number.
I successfully argued that the Court could not eliminate the possibility that my client was telling the truth and therefore he could not be found guilty of knowingly making the calls or harrasing the victim.
The Court agreed, finding that there was some plausibility with the client's story. Her Honour dismissed the charges.
Should you require assistance please contact John Vizzone on 0416167690 or email johnvizzone@marburychambers.com.au
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