New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 14

14 Offence of contravening apprehended violence order

(1) A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.

: Maximum penalty--Imprisonment for 2 years or 50 penalty units, or both.

(1A) A person is guilty of an offence under this subsection if the person knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person with the intention of causing the protected person--

(a) physical or mental harm, or

(b) to fear for the protected person's safety or the safety of another person.

: Maximum penalty--imprisonment for 3 years or 100 penalty units, or both.

(1B) For subsection (1A)--

(a) a person intends to cause the protected person physical or mental harm, or the protected person to fear for the safety of the protected person or another person, if the person knows that the conduct is likely to cause the harm or fear, and

(b) the prosecution is not required to prove that the person actually caused the protected person physical or mental harm or the protected person to fear for the protected person's safety or the safety of another person.

(1C) A person is guilty of an offence under this subsection if--

(a) the person knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person, and

(b) on at least 2 other occasions within a period of 28 days immediately before the contravention, the person knowingly contravened a prohibition or restriction specified in--

(i) an apprehended domestic violence order in relation to the same protected person, or

(ii) the same apprehended domestic violence order, whether or not in relation to the same protected person, or

(iii) an apprehended domestic violence order arising from the same application under Part 10, whether or not in relation to the same protected person, and

(c) a reasonable person would consider the conduct referred to in paragraphs (a) and (b) would be likely, in all the circumstances, to cause the protected person physical or mental harm, or the protected person to fear for the safety of the protected person or another person, whether or not the harm or fear was in fact caused.

: Maximum penalty--imprisonment for 5 years or 150 penalty units, or both.

(1D) If, on a prosecution of a person for an offence under subsection (1A), the court or jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1)--

(a) the court or jury may acquit the person of the offence under subsection (1A) and find the person guilty of an offence under subsection (1), and

(b) the person is liable to punishment accordingly.

(1E) If, on a prosecution of a person for an offence under subsection (1C), the court or jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1) or (1A)--

(a) the court or jury may acquit the person of the offence under subsection (1C) and find the person guilty of an offence under subsection (1) or (1A), and

(b) the person is liable to punishment accordingly.

Note--: This section does not affect the common law in relation to double jeopardy.

(2) A person is not guilty of an offence against subsection (1), (1A) or (1C) unless--

(a) in the case of an apprehended violence order made by a court, the person was served with a copy of the order or was present in court when the order was made, or

(b) in any other case, the person was served with a copy of the apprehended violence order.

(3) A person is not guilty of an offence against subsection (1), (1A) or (1C) if the contravention of the prohibition or restriction concerned--

(a) was necessary in order to attend mediation under section 21, or

(b) was done in compliance with the terms of a property recovery order.

(4) Unless the court otherwise orders, a person who is convicted of an offence against subsection (1), (1A) or (1C) must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person.

(5) Subsection (4) does not apply if the person convicted was under 18 years of age at the time of the alleged offence.

(6) Where the court determines not to impose a sentence of imprisonment, it must give its reasons for not doing so.

(7) A person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of an offence against subsection (1), (1A) or (1C) if the person is a protected person under the order concerned.

(8) A police officer is to make a written record of the reasons for--

(a) a decision by the police officer not to initiate criminal proceedings against a person for an alleged contravention of subsection (1), (1A), (1C) or (9) (whether or not the person is arrested), or

(b) a decision by the police officer not to proceed with criminal proceedings against a person for an alleged contravention of subsection (1), (1A), (1C) or (9),

if the police officer or another police officer suspects on reasonable grounds that the person has committed an offence against either subsection or if an alleged contravention of either subsection by the person has been reported to the police officer or another police officer.

(9) A person who attempts to commit an offence against subsection (1), (1A) or (1C) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.

Note : The Law Enforcement (Powers and Responsibilities) Act 2002 contains powers of police officers in relation to suspected offences, including a power to arrest a person, without warrant, if the police officer suspects on reasonable grounds that a person has committed an offence.