R v Barrass [2005] NSWCCA 131

R v Barrass [2005] NSWCCA 131

Section 61O(2) of the Crimes Act 1900 NSW does not require that an act of indecency "towards" a person under ten be committed in the immediate physical presence of the victim. On the facts found, the appellant's exposure and manipulation of his penis could fairly be said to be committed "towards" the complainants because he was within their view and intended that they should see what he was doing.

Jurisdiction
Australia
Judgment Date
13 April 2005
Procedural Posture
Criminal Appeal; Case Stated Under S5 B of the Criminal Appeal Act / Court of Criminal Appeal Determination of Questions of Law Arising From an Appeal to the District Court Against Summary Convictions
Outcome
First question answered "No"; second question not answered; matter remitted to the District Court.
Legal Topics
['act of Indecency Towards a Person Under the Age of Ten Years' 'meaning of "towards" in S61 O(2) of the Crimes Act 1900 Nsw' 'immediate Physical Presence of Complainant' 'case Stated' 'appeal Against Summary Conviction']
['criminal Law' 'criminal Procedure' 'statutory Interpretation'] ['act of Indecency Towards a Person Under the Age of Ten Years' 'meaning of "towards" in S61 O(2) of the Crimes Act 1900 Nsw' 'immediate Physical Presence of Complainant' 'case Stated' 'appeal Against Summary Conviction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal; Case Stated Under S5 B of the Criminal Appeal Act / Court of Criminal Appeal Determination of Questions of Law Arising From an Appeal to the District Court Against Summary Convictions

Legal Issues

  1. 1 ['Whether an offence of committing an act of indecency "towards" another person pursuant to s61O(2) of the Crimes Act 1900 NSW requires that the act be committed in the immediate physical presence of the victim.' 'If immediate physical presence were required, whether the District Court erred in holding that the "towards" element was established on the facts.']

Ratio Decidendi

Section 61O(2) of the Crimes Act 1900 NSW does not require that an act of indecency "towards" a person under ten be committed in the immediate physical presence of the victim. On the facts found, the appellant's exposure and manipulation of his penis could fairly be said to be committed "towards" the complainants because he was within their view and intended that they should see what he was doing.

Court Disposition

First question answered "No"; second question not answered; matter remitted to the District Court.

Orders

  • ['The first question is answered "No".' 'The second question is not answered.' 'The case is remitted to the District Court to be dealt with accordingly.']