R v Geoffrey William LEONARD (No 1) [2008] NSWDC 189

R v Geoffrey William LEONARD (No 1) [2008] NSWDC 189

The application for a directed acquittal is declined because the material tendered before the jury could reasonably be found to meet the statutory definition of 'child abuse material', and prior appellate authority has rejected argument of constitutional immunity and narrow interpretation of 'physical abuse'.

Jurisdiction
Australia
Judgment Date
02 September 2008
Procedural Posture
Criminal / Application for Verdict by Direction of Acquittal
Outcome
application declined
Legal Topics
['verdict by Direction' 'child Abuse Material' 'implied Freedom of Political Communication']
['criminal Law'] ['verdict by Direction' 'child Abuse Material' 'implied Freedom of Political Communication']

Case Brief

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Procedural Posture

Criminal / Application for Verdict by Direction of Acquittal

Legal Issues

  1. 1 ["Whether the published material constitutes 'child abuse material' as defined under the Commonwealth Criminal Code" 'Whether the implied freedom of political communication provides immunity from prosecution under these circumstances' "Whether the material depicts 'physical abuse'" 'Whether the material is offensive as required by the statutory definition']

Ratio Decidendi

The application for a directed acquittal is declined because the material tendered before the jury could reasonably be found to meet the statutory definition of 'child abuse material', and prior appellate authority has rejected argument of constitutional immunity and narrow interpretation of 'physical abuse'.

Court Disposition

application declined

Orders

  • ['Application for a verdict by direction of acquittal is declined']