Mmm, I’ll have to check.
Matter withdrawn equals no evidence.
How can Her Honour make a finding on no evidence?
He could appeal that imposition couldn’t he?
What are your thought on it?
I can’t say specifically and very difficult to guess what occurred in this case, so not making any judgement or reference to this matter, but I can try and give a
brief explanation of how or cases similar to this COULD happen
(One example could be and there are many variables of course) but a case could arise whereby police are called to a dv incident. Upon arrival information record information eg verbal disclosures, injuries or properTy damage , victim and/or witness statements,
Any admissions by alleged offender
A subsequent arrest and charge of a poi.
A court appearance after a not guilty plea.
One common outcome on hearing date is the non-attendance of victim and or witness, without the ability of the defence to cross examine the evidence, the charges are withdraw.
The burden of prove for the charges (which is beyond reasonable doubt) has not been able to be established, however the burden of proof is lesser for the making of an ADVO, (which is on “the balance of probability” ) That being that it has probably occurred. So Your Honour could imply from the call made by a neighbour, to the conversations and body language of parties at the scene, to damaged property, that a dv incident has taken place and the making of an order is necessary to protect one of the parties and in this case deems it appropriate to do so.
sorry if this is long winded, I tried to keep brief