R v Watson [2022] NSWDC 461

District Court New South Wales

Medium Neutral Citation: R v Watson [2022] NSWDC 461 Hearing dates: 18, 20 May 2022 & 20 June 2022 Date of orders: 04 August 2022 Decision date: 04 August 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: 1. Find there is a prima facie case that the Crown has available against the accused 2. Find the accused unfit to stand trial and that she will remain unfit for 12 months 3. Having found that the accused is unfit to be tried and will not become fit to be tried within 12 months, and having determined she is suffering from a mental illness or mental condition; pursuant to s 20BC(5) Crimes Act 1914, being of the opinion that it is more appropriate to do so, order the accused release subject to conditions for a period of 3 years from today Catchwords: CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material Legislation Cited: Child Protection (Offenders Registration) Act 2000 Crimes Act 1914 (Commonwealth) Criminal Code Commonwealth Criminal Procedure Act 1986 Evidence Act 1995 (Cth) Justices Act 1902 Law Enforcement (Powers and Responsibilities) Act 2002 Telecommunications Act 1997 Cases Cited: Azzopardi v The Queen [2001] HCA 25 Grassby v R [1989] HCA 45 May v O'Sullivan (1995) 92 CLR 654 R v Sharrouf [No 2] [2008] NSWSC 1450 Saffron v DPP [1989] 16 NSWLR 397 The Hunter and New England Area Health Service v A by his Tutor T [2009] NSWC 761 Weissensteiner v The Queen (1993) 178 CLR 217 Wentworth v Rogers [1984] 2 NSWLR 422 Wilson v Buttery [1926] SASR 150 Texts Cited: International Covenant on Civil and Political Rights Category: Principal judgment Parties: Regina (Commonwealth Crown) Jessica Anne Watson (offender) Representation: Justine Hopper (Counsel for the CDPP) Ian Nash (Counsel for the offender)