R v Scoble [2019] NSWDC 255

R v Scoble [2019] NSWDC 255

The Crown did not prove beyond reasonable doubt that, in all the circumstances known to a reasonable person, the drawings would be regarded as offensive for the purposes of section 91FB of the Crimes Act 1900 (NSW). Those circumstances included the appellant's acquisition of the material for a proposed biography, his status as a highly regarded biographer, the reputable public source of the material, its collector-style presentation, its untouched pristine storage after the project was abandoned, and the absence of proof that it was retained for a sexual purpose.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Criminal Appeal From Local Court to District Court Against Conviction / Appeal by Way of Rehearing Based on Transcript and Exhibits
Outcome
Appeal allowed; conviction quashed.
Legal Topics
['child Abuse Material' 'possession' 'offensiveness' 'appeal From Local Court Conviction']
['criminal Law'] ['child Abuse Material' 'possession' 'offensiveness' 'appeal From Local Court Conviction']

Case Brief

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Procedural Posture

Criminal Appeal From Local Court to District Court Against Conviction / Appeal by Way of Rehearing Based on Transcript and Exhibits

Legal Issues

  1. 1 ['Whether the drawings constituted child abuse material under section 91FB of the Crimes Act 1900 (NSW) because reasonable persons would regard them, in all the circumstances, as offensive.' "Whether the appellant's conviction for possessing child abuse material contrary to section 91H(2) of the Crimes Act 1900 (NSW) should be quashed."]

Ratio Decidendi

The Crown did not prove beyond reasonable doubt that, in all the circumstances known to a reasonable person, the drawings would be regarded as offensive for the purposes of section 91FB of the Crimes Act 1900 (NSW). Those circumstances included the appellant's acquisition of the material for a proposed biography, his status as a highly regarded biographer, the reputable public source of the material, its collector-style presentation, its untouched pristine storage after the project was abandoned, and the absence of proof that it was retained for a sexual purpose.

Court Disposition

Appeal allowed; conviction quashed.

Orders

  • ['Appeal allowed' 'The conviction entered by the learned Magistrate on 12 September 2018, be quashed.']