Offence(s)
- Contravention of a Family Violence Intervention Order
Relevant Legislation
- s 123(2) Family Violence Protection Act 2008. Penalty: Level 7 (2 years maximum imprisonment or 240 penalty units)
Summary of the facts
Our client was the Respondent to a Family Violence Intervention Order (IVO). On an occasion during the period of the order our client undertook the action of emailing herself screenshots of previous correspondence between herself and the Affected Family Member (AFM) in preparation for contesting the IVO. During this process she accidentally sent four emails containing screenshots to the AFM. She was subsequently charged with breaching the IVO by communicating with the AFM.
Summary of the outcome
First, we provided our client’s explanation to Police Prosecutors and sought to resolve the charges at an early stage. However, Police refused to withdraw the charges. As a result, the matter proceeded to a contested hearing.
At the hearing, our solicitor relied on the recent authority of DPP v Cormick [2023] VSCA 186. In that case, the Court of Appeal held that general intention forms the correct ‘fault’ element of the offence. Therefore, Police had to prove beyond reasonable doubt that our client intended to send the emails.
However, we argued that Police could not prove beyond reasonable doubt that our client intentionally sent the emails. Ultimately, the Court accepted our argument and acquitted our client.
Disclaimer
Please note that the above information does not constitute legal advice. If you have questions about a similar matter, please contact us for an obligation-free, face-to-face consultation.
