Kaleli v R [2021] NSWDC 826

District Court New South Wales

Medium Neutral Citation: Kaleli v R [2021] NSWDC 826 Hearing dates: 24 March 2021 Date of orders: 26 March 2021 Decision date: 26 March 2021 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: I find Mr Kaleli not guilty of the offence of wilful and obscene exposure in a public place, and set aside the conviction. The conviction appeal is upheld. Catchwords: CRIME — appeal and review — appeal from Local Court to District Court — by person convicted against conviction – wilful and obscene exposure in a public place – intentional exposure – proof beyond reasonable doubt Legislation Cited: Crimes (Appeal and Review) Act 2001, s 11, s 18, s 20 Summary Offences Act 1988, s 5 Cases Cited: Charara v R (2006) 164 A Crim R 39; [2006] NSWCCA 244 Category: Sentence Parties: Hasan Kaleli (appellant) Regina (respondent) Representation: Solicitors: Astoria Lawyers (appellant) Director of Public Prosecutions (NSW) (respondent) File Number(s): 2019/00406451 Publication restriction: None Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 10 September 2020 Before: Magistrate J Carney File Number(s): 2019/00406451

Judgment

Introduction 1. Hasan Kaleli was convicted of an offence under s 5 of the Summary Offences Act 1988 for having in a public place, namely a public car park, wilfully and obscenely exposed his penis. He appeals against the conviction.