Geoffrey William LEONARD v REGINA [2007] NSWCCA 197

Geoffrey William LEONARD v REGINA [2007] NSWCCA 197

The grounds for appeal are without substance; the judge's exercise of discretion in refusing a permanent stay was correct; there was no impermissible burden on political communication by the statutory provisions; leave to appeal refused.

Jurisdiction
Australia
Judgment Date
03 July 2007
Procedural Posture
Criminal Appeal / Leave to Appeal From Pre Trial Interlocutory Proceedings
Outcome
leave to appeal refused
Legal Topics
['offences Against Decency and Morality' 'child Abuse Material' 'freedom of Political Communication' 'interpretation of Criminal Code Provisions']
['criminal Law' 'constitutional Law'] ['offences Against Decency and Morality' 'child Abuse Material' 'freedom of Political Communication' 'interpretation of Criminal Code Provisions']

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Procedural Posture

Criminal Appeal / Leave to Appeal From Pre Trial Interlocutory Proceedings

Legal Issues

  1. 1 ['Whether her Honour erred in refusing a permanent stay for prejudice due to bad character evidence' "Whether published material amounts to 'child abuse material' as defined by statute" 'Whether the proceedings amounted to an abuse of process due to oppressive prosecution' 'Whether s474.22 and s473.4(a) of the Criminal Code are invalid as contrary to implied freedom of political communication']

Ratio Decidendi

The grounds for appeal are without substance; the judge's exercise of discretion in refusing a permanent stay was correct; there was no impermissible burden on political communication by the statutory provisions; leave to appeal refused.

Court Disposition

leave to appeal refused

Orders

  • ['Leave to appeal is refused.']