Charges: Breach of violence restraining order x 1.
Appeal type: Appeal against conviction.
Facts: The appellant was subject to a violence restraining order which provided that the appellant must not approach within 20 metres of the protected person (). The evidence was that the protected person walked up to the appellant (-).
The magistrate convicted the appellant on the basis that even though the appellant did not ‘approach’ the protected person, it was incumbent upon the appellant to immediately walk away ().
Issues: Whether the verdict was unreasonable and could not be supported.
Decision and Reasoning: The appeal was upheld, and the conviction quashed. Beech J held that the charge should have been dismissed once the Magistrate was satisfied that the appellant did not approach the protected person (). The word “approach” should be construed in its ordinary meaning: “to come nearer or near to (someone or something) in distance or time” (). An obligation to walk away from a protected person cannot be implied into a violence restraining order ().