R v Robinson [2019] NSWDC 661

R v Robinson [2019] NSWDC 661

The essential element of 'towards' in the charge requires that the complainants were aware of both the accused and his indecent act; as there was no evidence the complainants observed the indecent act or that the accused intended them to, the Crown failed to prove the offence beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
18 November 2019
Procedural Posture
Criminal / Special Hearing for Unfit Accused
Outcome
Not guilty
Legal Topics
['special Hearing Procedure' "act of Indecency Meaning of 'towards'" 'unfitness to Stand Trial']
['criminal Law' 'mental Health Law'] ['special Hearing Procedure' "act of Indecency Meaning of 'towards'" 'unfitness to Stand Trial']

Case Brief

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Procedural Posture

Criminal / Special Hearing for Unfit Accused

Legal Issues

  1. 1 ["Whether accused committed an act of indecency 'towards' the complainants under s 61O(2) and s 61N(1) of the Crimes Act 1900" "Interpretation of 'towards' in context of indecent act"]

Ratio Decidendi

The essential element of 'towards' in the charge requires that the complainants were aware of both the accused and his indecent act; as there was no evidence the complainants observed the indecent act or that the accused intended them to, the Crown failed to prove the offence beyond reasonable doubt.

Court Disposition

Not guilty

Orders

  • ['Pursuant to s 22(1)(a) of the Mental Health (Forensic Provisions) Act 1990, the accused is found not guilty of the offence charged.']