P v Anthony Reid [2010] NSWLC 16

P v Anthony Reid [2010] NSWLC 16

Floating with the current on a body board through a surf school was not proved to be loitering, and the identification evidence regarding the man seen standing at the water's edge on 23 January 2009 did not prove beyond reasonable doubt that he was the Accused, so that charge was dismissed. On 18 February 2009, walking by the direct route through the car park and using the urinal in the amenities block did not amount to loitering, but standing on the water's edge for about 5 minutes did fall within the definition of loitering, and no reasonable excuse was offered; that offence was proved.

Jurisdiction
Australia
Judgment Date
23 March 2010
Procedural Posture
Criminal / Local Court Hearing of Two Charges Pursuant to Section 11 G of the Summary Offences Act
Outcome
Charge for 23 January 2009 dismissed; offence for 18 February 2009 proved.
Legal Topics
['convicted Child Sexual Offender' 'loitering Without Reasonable Excuse' 'public Place Regularly Frequented by Children' 'identification Evidence']
['criminal Law'] ['convicted Child Sexual Offender' 'loitering Without Reasonable Excuse' 'public Place Regularly Frequented by Children' 'identification Evidence']

Case Brief

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Procedural Posture

Criminal / Local Court Hearing of Two Charges Pursuant to Section 11 G of the Summary Offences Act

Legal Issues

  1. 1 ["Whether the Accused's actions on 23 January 2009 amounted to loitering in or near a public place regularly frequented by children while children were present." 'Whether the prosecution proved beyond reasonable doubt that the man observed by Grainger on 23 January 2009 was the Accused.' "Whether the Accused's actions on 18 February 2009 amounted to loitering without reasonable excuse."]

Ratio Decidendi

Floating with the current on a body board through a surf school was not proved to be loitering, and the identification evidence regarding the man seen standing at the water's edge on 23 January 2009 did not prove beyond reasonable doubt that he was the Accused, so that charge was dismissed. On 18 February 2009, walking by the direct route through the car park and using the urinal in the amenities block did not amount to loitering, but standing on the water's edge for about 5 minutes did fall within the definition of loitering, and no reasonable excuse was offered; that offence was proved.

Court Disposition

Charge for 23 January 2009 dismissed; offence for 18 February 2009 proved.

Orders

  • ['The Charge is dismissed.' 'I find the offence proved.']