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NSW How Can I Defend AVO Breach?

Discussion in 'Criminal Law Forum' started by Scooby, 5 May 2016.

  1. Scooby

    Scooby Active Member

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    Hi all,

    I recently defended myself against a false claim from my ex-partner, made after a family court appearance regarding custody of children.

    I already had an AVO and a breach, that was also extremely controversial, however, this time around all statements made by my ex and her stepfather were false.

    I thought as it was my word against hers, I could represent myself, this resulted in a finding of guilt (for following and spitting on my ex after court), based on her statement being consistent with her stepfather's and the police said she displayed real fear when making the statement.

    I have lodged an appeal and secured a date in June.

    Any help on how I can defend myself?

    I avoid her like the plague, but obviously, on that occasion, she could place in the area due to our court date.

    Regards
     
  2. Serge Gorval

    Serge Gorval Well-Known Member
    LawTap Verified Lawyer

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    Are you appealing the avo or were you charged with additional sequences...usually assault?
     
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  3. Scooby

    Scooby Active Member

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    Hi Serge, I am appealing the assault charge of spitting and feel the evidence was weak (statements only) and I was taken advantage of in court as I was unrepresented.

    Cheers
     
  4. AllForHer

    AllForHer Well-Known Member

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    Not grounds for appeal. You need to show the trial judge made a mistake of law or of fact when your case was first determined. An appeal isn't an opportunity to have your evidence heard afresh in new circumstances, you know need to show where the trial judge erred in his judgement.
     
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  5. Ponala

    Ponala Well-Known Member

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    You can appeal and have it heard a fresh as you were found guilty in a lower court, and have a right to appeal your finding of guilt to a higher court and have a 'new' trial. You don't need to show errors of law etc., that is once you get found guilty in the highest court, then your only grounds for appeal are mistake of law etc.
     
  6. N Knight

    N Knight Well-Known Member

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    What state?
     
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