NSW Police Force v X [2014] NSWLC 23

NSW Police Force v X [2014] NSWLC 23

The no case to answer submission was rejected because, applying the no case test and taking the prosecution evidence at its highest, seven videos and eighteen still images were capable of amounting to child abuse material within s 91FB of the Crimes Act 1900 (NSW). The material was capable of depicting a child in or apparently in a sexual pose, or in one instance private parts, in a way reasonable persons would regard as significantly offensive.

Jurisdiction
Australia
Judgment Date
07 July 2014
Procedural Posture
Criminal Charge Under S 91 H(2) of the Crimes Act 1900 (nsw) for Possessing Child Abuse Material / Defendant's No Case to Answer Application at the Conclusion of the Prosecution Case
Outcome
Application that there is no case to answer refused.
Legal Topics
['child Abuse Material' 'possession of Child Abuse Material' 'no Case to Answer' 'meaning of Offensive' 'sexual Pose' 'crimes Act 1900 (nsw), S 91 H(2)']
['criminal Law' 'statutory Interpretation'] ['child Abuse Material' 'possession of Child Abuse Material' 'no Case to Answer' 'meaning of Offensive' 'sexual Pose' 'crimes Act 1900 (nsw), S 91 H(2)']

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Procedural Posture

Criminal Charge Under S 91 H(2) of the Crimes Act 1900 (nsw) for Possessing Child Abuse Material / Defendant's No Case to Answer Application at the Conclusion of the Prosecution Case

Legal Issues

  1. 1 ['Whether the prosecution evidence, taken at its highest, could lawfully support a conviction for possessing child abuse material under s 91H(2) of the Crimes Act 1900 (NSW).' 'What meaning should be given to "offensive" in the definition of "child abuse material" in s 91FB of the Crimes Act 1900 (NSW).' 'Whether the videos and still images relied on by the prosecution were capable of depicting a child in or apparently in a sexual pose, or private parts of a child, in a way reasonable persons would regard as offensive.']

Ratio Decidendi

The no case to answer submission was rejected because, applying the no case test and taking the prosecution evidence at its highest, seven videos and eighteen still images were capable of amounting to child abuse material within s 91FB of the Crimes Act 1900 (NSW). The material was capable of depicting a child in or apparently in a sexual pose, or in one instance private parts, in a way reasonable persons would regard as significantly offensive.

Court Disposition

Application that there is no case to answer refused.

Orders

  • ['The no case to answer submission is rejected.']