Moore-McQuillan v Police No. Scciv-00-193

Moore-McQuillan appealed against his conviction and sentence in the Magistrates Court for common assault, contending that he was not given adequate opportunity to prepare his defence, that the Magistrate erred in his handling of the medical evidence and cross-examination of the victim, and that the restraining order made by the Magistrate was unjustified. The appeal against conviction was dismissed as the grounds raised were without substance. The appeal against sentence was also dismissed, as there were no grounds of appeal stated in relation to sentence. The appeal against the making of the restraining order was allowed, as the Magistrate failed to address the relevant issues and there was no justification for making the order in the circumstances. The restraining order and the firearms order were set aside.

The Magistrate found the appellant guilty of the offence and sentenced him to six months imprisonment, suspended upon the appellant entering into a bond in the sum of $500 to be of good behaviour for 18 months. Further conditions of the bond include that the appellant be under the supervision of, and comply with all reasonable directions of, a probation officer including any directions to attend for psychological treatment, counselling and anger management courses. The Magistrate, pursuant to s 19A of the Criminal Law (Sentencing) Act 1988 (“the Sentencing Act”), imposed a restraining order, in such terms that the appellant is restrained:(1) from approaching or communicating with [the victim] in any way except in the course of and incidental to attending at any proceedings before a court or tribunal in which the defendant is a party or witness and in which [the victim] represents a party;(2)from harassing or otherwise interfering with [the victim];(3)from attending at or in the vicinity of the premises situated at 14 Market Street, Adelaide, or any other premises from which [the victim] may from time to time work and from attending at or in the vicinity of any premises at which [the victim] may from time to time reside.A firearms order was also made under s 19A of the Sentencing Act.