Director of Public Prosecutions v Osborn [2013] NSWLC 22

Director of Public Prosecutions v Osborn [2013] NSWLC 22

The defendant's conduct went beyond proving that he was having sex. He selected and showed explicit excerpts portraying himself as sexually adventurous, competent and virile, and obtained pleasure or gratification from showing them to workmates. Because the filming and showing were inextricably tied to sex and to satisfying his desire to be seen as sexually active and capable, the court was satisfied beyond reasonable doubt that he filmed each complainant engaged in the private act of sex without consent and knowing there was no consent, for the purpose of his sexual gratification.

Jurisdiction
Australia
Judgment Date
13 August 2013
Procedural Posture
Criminal Prosecution for Offences Under S 91 K of the Crimes Act 1900 / Judgment After Hearing on Whether Offences Were Proved Beyond Reasonable Doubt
Outcome
Offences proved beyond reasonable doubt; defendant found guilty of each offence.
Legal Topics
['filming a Person Engaged in a Private Act Without Consent' 'sexual Arousal or Sexual Gratification' 'surreptitious Filming' 'consent']
['criminal Law'] ['filming a Person Engaged in a Private Act Without Consent' 'sexual Arousal or Sexual Gratification' 'surreptitious Filming' 'consent']

Case Brief

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Procedural Posture

Criminal Prosecution for Offences Under S 91 K of the Crimes Act 1900 / Judgment After Hearing on Whether Offences Were Proved Beyond Reasonable Doubt

Legal Issues

  1. 1 ['Whether the defendant filmed each complainant engaged in a private act without consent and knowing there was no consent.' 'Whether the filming was for the purpose of obtaining sexual arousal or sexual gratification within s 91K of the Crimes Act 1900.']

Ratio Decidendi

The defendant's conduct went beyond proving that he was having sex. He selected and showed explicit excerpts portraying himself as sexually adventurous, competent and virile, and obtained pleasure or gratification from showing them to workmates. Because the filming and showing were inextricably tied to sex and to satisfying his desire to be seen as sexually active and capable, the court was satisfied beyond reasonable doubt that he filmed each complainant engaged in the private act of sex without consent and knowing there was no consent, for the purpose of his sexual gratification.

Court Disposition

Offences proved beyond reasonable doubt; defendant found guilty of each offence.

Orders

  • ['The defendant is found guilty of each of the offences.']