NSW: Man loses appeal over conviction for poking tongue out

AAP General News (Australia)
04-16-1999
NSW: Man loses appeal over conviction for poking tongue out

SYDNEY, April 16 AAP - A man who was found to have made an offensive gesture and poked his
tongue out at his neighbour today lost his battle over being fined for breaching an
apprehended violence order (AVO).

In the New South Wales Supreme Court, Justice Michael Adams found there was no doubt or
question as to the guilt of Garry Bayliss, as to mitigating circumstances or as to any part of
the evidence.

Accordingly, he refused the application by Bayliss to direct that an inquiry be conducted
into the conviction or sentence or refer the case to the Court of Criminal Appeal.

On June 17, 1997, in Gosford Local Court, Bayliss was fined $350 after being convicted of
breaching an AVO taken out by his neighbour, Ronald Allen Bates, in August 1996.

Bayliss had denied the breach, which alleged that on October 31, 1996, he made an offensive
gesture and poked his tongue out towards Mr Bates.

His appeal was dismissed by the Gosford District Court last year, resulting in him asking
the Supreme Court for an inquiry.

AAP mss/tsm/kr

KEYWORD: TONGUE

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