Sep 20, 2026

10 min

Director of Public Prosecutions (NSW) v Jenson [2026] NSWSC 1132

Director of Public Prosecutions (NSW) v Jenson [2026] NSWSC 1132 concerned a prosecutor’s appeal from the dismissal of a charge of knowingly contravening an ADVO through alleged harassment. The key issue was whether s 14(1) required proof that the defendant knew or intended that his conduct amounted to harassment or breached the order. Emmett J held that the prosecution must prove intentional conduct, knowledge or intention concerning relevant circumstances and effects, and knowledge of the ADVO and its terms, but not appreciation of the legal characterisation. The appeal was allowed, the dismissal set aside, and the charge remitted to the Orange Local Court.

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