R v PRIGGE [2009] NSWDC 322

R v PRIGGE [2009] NSWDC 322

Section 50FC required the Court to identify the conduct for which the accused was convicted in Nepal by reference to the elements of the Nepalese offence, not merely every allegation made in the Nepalese material or conduct occurring at about the same time. Most counts were not barred because the Nepalese material did not show that the relevant conduct was an element of, or found in, the Nepalese offence. However, because the Nepalese judgment stated that showing indecent films and taking naked photos of complainants was prohibited by the Nepalese Act, and the Court was not prepared to treat that statement of Nepalese law as wrong, the accused had been convicted in respect of that conduct...

Jurisdiction
Australia
Judgment Date
19 November 2009
Procedural Posture
Criminal Proceedings / Notice of Motion for Permanent Stay of Proceedings on an Indictment
Outcome
Permanent stay granted for some counts on the indictment.
Legal Topics
['permanent Stay of Proceedings' 'offences Committed Outside Australia' 'foreign Conviction or Acquittal' 'crimes Act 1914 (cth) S 50 Fc' 'law of Nepal']
['criminal Law'] ['permanent Stay of Proceedings' 'offences Committed Outside Australia' 'foreign Conviction or Acquittal' 'crimes Act 1914 (cth) S 50 Fc' 'law of Nepal']

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Procedural Posture

Criminal Proceedings / Notice of Motion for Permanent Stay of Proceedings on an Indictment

Legal Issues

  1. 1 ['Whether s 50FC of the Crimes Act 1914 (Cth) prevented conviction on counts in the Australian indictment because the accused had already been dealt with by a Nepalese court for misconduct in Nepal.' 'Whether the words "in respect of any conduct" in s 50FC refer only to conduct constituting elements of the foreign offence, or also to conduct mentioned in allegations before the foreign court.' 'Whether the Nepalese conviction under s 2(C1) of the Some Public (Crime and Punishment) Act 1970 covered conduct consisting of showing indecent films and taking naked photos of complainants.']

Ratio Decidendi

Section 50FC required the Court to identify the conduct for which the accused was convicted in Nepal by reference to the elements of the Nepalese offence, not merely every allegation made in the Nepalese material or conduct occurring at about the same time. Most counts were not barred because the Nepalese material did not show that the relevant conduct was an element of, or found in, the Nepalese offence. However, because the Nepalese judgment stated that showing indecent films and taking naked photos of complainants was prohibited by the Nepalese Act, and the Court was not prepared to treat that statement of Nepalese law as wrong, the accused had been convicted in respect of that conduct...

Court Disposition

Permanent stay granted for some counts on the indictment.

Orders

  • ['Counts 2, 3, 4, 6, 7, 8, 13 and 14 on the indictment are permanently stayed.']