R v Knell [2023] NSWDC 81

District Court New South Wales

Medium Neutral Citation: R v Knell [2023] NSWDC 81 Hearing dates: 23 March 2023 Date of orders: 23 March 2023 Decision date: 23 March 2023 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Jury direction on term 'Cause to take": See [28] – [37] Application for verdict by direction – refused: See [43] Catchwords: CRIME – Attempt to cause a person to take an intoxicating substance with intent - sexual touching CRIMINAL PROCEDURE — Trial — Directions to jury "cause to take" - s 38(b) Crimes Act 1900 – does "cause to take require proof of command or direction - verdict by direction application - application refused WORDS AND PHRASES - Causes another person to take an intoxicating substance Legislation Cited: Crimes Act 1900, Section 38(b) Crimes Amendment, (Drink and Food Spiking) Act 2008 Cases Cited: Murphy v Farmer (1988) 165 CLR 19; [1988] HCA 31 O'Sullivan v Truth & Sportsman Ltd (1957) 96 CLR 220; [1957 HCA 8 R v Kennedy (No.2) [2008] 1 AC 269, R v Riley [2011] NSWCCA 238 R v Wilhelm [2010] NSWSC 334 The Daniels Corporation International Pty v ACCC [2002] HCA 49 Texts Cited: Criminal Practice and Procedure NSW, LexisNexis Butterworths 3rd ed. of Halsbury's Laws of England Category: Procedural rulings Parties: Jakob Peter Knell (the accused) Director of Public Prosecutions Representation: Counsel: Mr R Steward (for the accused)