Director of Public Prosecutions (NSW) v Presnell [2022] NSWCCA 146

Director of Public Prosecutions (NSW) v Presnell [2022] NSWCCA 146

On the accepted facts, the respondent intentionally hid his conduct from the child, evidencing no intention to engage or direct the act towards the child. Therefore, the evidence could not establish that the accused intentionally carried out a sexual act 'towards' the child within the meaning of s 66DC(a) of the Crimes Act 1900 (NSW), and the permanent stay was correctly ordered.

Jurisdiction
Australia
Judgment Date
30 June 2022
Procedural Posture
Criminal Interlocutory Appeal / Appeal Against Permanent Stay Ordered by Primary Judge
Outcome
Appeal dismissed.
Legal Topics
['appeals' 'sexual Offences Against Children' 'statutory Interpretation' 'permanent Stay of Proceedings']
['criminal Law'] ['appeals' 'sexual Offences Against Children' 'statutory Interpretation' 'permanent Stay of Proceedings']

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 Interlocutory Appeal / Appeal Against Permanent Stay Ordered by Primary Judge

Legal Issues

  1. 1 ["Whether s 66DC(a) of the Crimes Act 1900 (NSW) creates two offences of committing a sexual act 'with' or 'towards' a child or one composite offence;" "Whether the act alleged against the respondent was 'towards' the complainant within the meaning of s 66DC(a);" 'Whether the evidence could establish that the accused intentionally masturbated towards the child.']

Ratio Decidendi

On the accepted facts, the respondent intentionally hid his conduct from the child, evidencing no intention to engage or direct the act towards the child. Therefore, the evidence could not establish that the accused intentionally carried out a sexual act 'towards' the child within the meaning of s 66DC(a) of the Crimes Act 1900 (NSW), and the permanent stay was correctly ordered.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']