R v PJ [2017] NSWCCA 290

R v PJ [2017] NSWCCA 290

Criminal liability under s 73(3)(c) of the Crimes Act 1900 (NSW) only arises where the offender is providing instruction to the complainant at the time of the sexual intercourse, such that the complainant is under the offender's 'special care'; as there was no ongoing instructional relationship at the relevant times, this element was not established.

Parties
Appellant: Crown; Respondent: PJ
Jurisdiction
Australia
Judgment Date
01 December 2017
Procedural Posture
Criminal Appeal / Appeal Against Permanent Stay of Indictment Court of Criminal Appeal
Outcome
Appeal dismissed
Legal Topics
Sexual Offences, Crown Appeal, Permanent Stay, Statutory Interpretation, Meaning of 'special Care', Meaning of 'established Personal Relationship', Meaning of 'in Connection With'
Criminal Law Sexual Offences Crown Appeal Permanent Stay Statutory Interpretation Meaning of 'special Care' Meaning of 'established Personal Relationship' Meaning of 'in Connection With'

Case Brief

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Parties

Crown

Appellant

PJ

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Permanent Stay of Indictment Court of Criminal Appeal

Legal Issues

  1. 1 Whether complainant was under the respondent's 'special care' under s 73(3)(c) of the Crimes Act 1900 (NSW)
  2. 2 Whether 'established personal relationship' in connection with instruction under s 73(3)(c) requires ongoing provision of instruction at the time of the sexual intercourse
  3. 3 Proper construction of 'in connection with' in s 73(3)(c)

Ratio Decidendi

Criminal liability under s 73(3)(c) of the Crimes Act 1900 (NSW) only arises where the offender is providing instruction to the complainant at the time of the sexual intercourse, such that the complainant is under the offender's 'special care'; as there was no ongoing instructional relationship at the relevant times, this element was not established.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed