REGINA v ROSE [2003] NSWCCA 411

REGINA v ROSE [2003] NSWCCA 411

The alleged advantage of psychological gratification or satisfaction was capable in law of constituting an advantage under Crimes Act 1900 s86(1)(b). The present case was addressed by Rowe, which was not argued to be wrongly decided and did not require reconsideration, so the District Court order could not stand.

Jurisdiction
Australia
Judgment Date
21 November 2003
Procedural Posture
Criminal Appeal / Appeal by the Director of Public Prosecutions From a District Court Judgment Holding That a Plea of Guilty to a Charge Under Crimes Act 1900 S86(1)(b) Ought Not Be Accepted
Outcome
Appeal allowed.
Legal Topics
['kidnapping' 'detaining for Advantage' 'crimes Act 1900 S86(1)(b)' 'psychological Gratification or Satisfaction as an Advantage']
['criminal Law'] ['kidnapping' 'detaining for Advantage' 'crimes Act 1900 S86(1)(b)' 'psychological Gratification or Satisfaction as an Advantage']

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Procedural Posture

Criminal Appeal / Appeal by the Director of Public Prosecutions From a District Court Judgment Holding That a Plea of Guilty to a Charge Under Crimes Act 1900 S86(1)(b) Ought Not Be Accepted

Legal Issues

  1. 1 ['Whether psychological gratification or satisfaction can constitute an advantage for the purposes of Crimes Act 1900 s86(1)(b).' 'Whether the District Court erred in holding that the alleged advantage did not in law come within Crimes Act 1900 s86(1)(b).']

Ratio Decidendi

The alleged advantage of psychological gratification or satisfaction was capable in law of constituting an advantage under Crimes Act 1900 s86(1)(b). The present case was addressed by Rowe, which was not argued to be wrongly decided and did not require reconsideration, so the District Court order could not stand.

Court Disposition

Appeal allowed.

Orders

  • ['The order that committal proceedings for the charge of detain for advantage be continued before a Magistrate is vacated.' 'The matter is re-listed for mention in Wollongong District Court on 3 December 2003.']