Police v Curan [2023] NSWLC 14

Police v Curan [2023] NSWLC 14

On the proper construction of section 9(1)(g), the particularised licensed clubs did not have child participation in their activities. Sponsorship of junior sporting associations made children recipients of the clubs' support rather than participants in the clubs' activities; functions held by separate junior sporting associations were not activities of the clubs; and designated children's play areas were facilities passively provided for children supervised by adults. Requiring reporting of these licensed club memberships would not promote the Act's protective objectives, would not materially assist management of registrable persons because non-members could attend as guests or temporary...

Jurisdiction
Australia
Judgment Date
13 September 2023
Procedural Posture
Criminal Prosecution for Failing to Comply With Reporting Obligations Under Section 17(1) of the Child Protection (offenders Registration) Act 2000 (nsw) / Defended Hearing After Pleas of Not Guilty; Verdict
Outcome
Verdicts of not guilty on Sequence 1 and Sequence 2.
Legal Topics
['reporting Obligations of Registrable Persons' 'affiliation With Clubs or Organisations Having Child Membership or Child Participation' 'reasonable Excuse' 'construction of Penal Provisions']
['criminal Law' 'child Protection' 'statutory Interpretation'] ['reporting Obligations of Registrable Persons' 'affiliation With Clubs or Organisations Having Child Membership or Child Participation' 'reasonable Excuse' 'construction of Penal Provisions']

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 Prosecution for Failing to Comply With Reporting Obligations Under Section 17(1) of the Child Protection (offenders Registration) Act 2000 (nsw) / Defended Hearing After Pleas of Not Guilty; Verdict

Legal Issues

  1. 1 ['Whether membership of the particularised registered licensed clubs was an affiliation with a club or organisation that has child membership or child participation in its activities within section 9(1)(g) of the Child Protection (Offenders Registration) Act 2000 (NSW).' 'Whether Mr Curan failed to comply with reporting obligations under the Act by not having club memberships recorded.' 'Whether, if reporting was required, Mr Curan orally disclosed the Sequence 1 memberships and had a reasonable excuse for non-disclosure of the Sequence 2 membership.']

Ratio Decidendi

On the proper construction of section 9(1)(g), the particularised licensed clubs did not have child participation in their activities. Sponsorship of junior sporting associations made children recipients of the clubs' support rather than participants in the clubs' activities; functions held by separate junior sporting associations were not activities of the clubs; and designated children's play areas were facilities passively provided for children supervised by adults. Requiring reporting of these licensed club memberships would not promote the Act's protective objectives, would not materially assist management of registrable persons because non-members could attend as guests or temporary...

Court Disposition

Verdicts of not guilty on Sequence 1 and Sequence 2.

Orders

  • ['Verdict Not Guilty Sequence 1.' 'Verdict Not Guilty Sequence 2.']