R v Barrett (No. 4) [2021] NSWSC 365

Supreme Court New South Wales

Medium Neutral Citation: R v Barrett (No. 4) [2021] NSWSC 365 Hearing dates: 8 April 2021 Date of orders: 8 April 2021 Decision date: 08 April 2021 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The defence application to give directions to the jury based upon an asserted fifth element for the offence under s.249K(1)(a) and (2) Crimes Act 1900 is declined. Catchwords: CRIME – charge of blackmail under s.249K(1)(a) and (2) Crimes Act 1900 – making unwarranted demand with menaces with intent to obtain a gain by accusation or threatened accusation – elements of offence – whether element of offence that accused knew amount of gain alleged at time when demand made – held no such element of s.249K(1)(a) and (2) offence Legislation Cited: Crimes Act 1900 (NSW) Crimes Amendment Act 2007 (NSW) Cases Cited: Petch v R (2020) 103 NSWLR 1; [2020] NSWCCA 133 Texts Cited: Report of the Model Criminal Code Officers Committee of the Standing Committee of Attorneys-General, Chapter 3, Theft, Fraud, Bribery and Related Offences, December 1995 Category: Procedural rulings Parties: Regina (Crown) Stephen John Barrett (Accused) Representation: Counsel: Ms T McDonald SC; Ms L Robb Vujcic (Crown) Mr C Steirn SC (Accused)

Solicitors: Commonwealth Director of Public Prosecutions (Crown) O'Brien Lawyers (Accused) File Number(s): 2018/216184 Publication restriction: ---

Judgment 1. JOHNSON J: The Accused, Stephen John Barrett, is standing trial before a jury for an offence of blackmail contrary to s.249K(1)(a) and (2) Crimes Act 1900 (NSW) charged in the following terms: "On or about 1 February 2017 at Sydney in the State of New South Wales, [the Accused] did make an unwarranted demand with menaces, with intent to obtain a gain by an accusation or a threatened accusation, that Adam Cranston, Jason Onley and Dev Menon had committed serious indictable offences, namely Fraud and Money Laundering."