Police v Martin

The case involved the Police prosecuting Martin for contravening a family violence order. Martin had refused to allow police access to his residence to serve the order, despite his children, who were referred to in the order, being inside. The police left the order at his front door. The court had to determine whether Martin was personally served with the order, whether the condition in the order relating to the children was void for uncertainty, whether the alleged contravention was an offence where Martin engaged in no positive act, and whether Martin recklessly breached the order. The court found that the defendant was not personally served with the order, the condition in the order relating to the children was not void for uncertainty, the alleged contravention was an offence capable of being committed where the defendant engaged in no positive act, and the defendant recklessly breached the order. Ultimately, the court found the defendant not guilty.