Taylor v Commissioner of Police of NSW [2024] NSWSC 839

Supreme Court New South Wales

Medium Neutral Citation: Taylor v Commissioner of Police of NSW [2024] NSWSC 839 Hearing dates: 21 May 2024 Date of orders: 12 July 2024 Decision date: 12 July 2024 Jurisdiction: Common Law Before: Wright J Decision: (1) The plaintiff's summons filed on 10 January 2024 is dismissed. (2) The plaintiff is to pay the defendants' costs. Catchwords: CRIME – child sex offences – registration under s 19 of the Child Protection (Offenders Registration) Act 2000 (NSW) – registrable person – whether a person dealt with under s 20(1)(a) of the Crimes Act 1914 (Cth) is "sentenced" for purpose of s 3A of the Child Protection (Offenders Registration) Act – meaning of "sentenced" in s 3A of the Child Protection (Offenders Registration) Act – a person dealt with under s 20(1)(a) of the Crimes Act 1914 (Cth) is "sentenced" for purpose of s 3A – summons dismissed STATUTORY INTERPRETATION – definitions – interpretation of definition by reference to term defined – meaning of "sentence" in s 3A of the Child Protection (Offenders Registration) Act – immediate context – consistency of operation – a person dealt with under s 20(1)(a) of the Crimes Act 1914 (Cth) is "sentenced" for purpose of s 3A – summons dismissed Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW), ss 2A, 3(1), 3A(1), 3A(2)(a), 4(1), 19 Child Protection (Offenders Registration) Regulation 2015 (NSW), cl 12(3) Children (Criminal Proceedings) Act 1987, s 33(1) Crimes Act 1914 (Cth), ss 16A(1), 20(1)(a), 20A(5)(b)(ii) Crimes (Sentencing Procedure) Act 1999, ss 10, 10A Criminal Code (Cth), s 474.27A Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 33(1), 61(2), 65(2) Pre-Trial Diversion of Offenders Act 1985, s 23 Supreme Court Act 1970 (NSW), ss 69, 75 Cases Cited: Attorney General for New South Wales v CMB [2015] NSWCCA 166 Griffiths v The Queen (1977) 137 CLR 293; [1977] HCA 44 Minister for Immigration, Citizenship, Migrant R v Warfield (1994) 34 NSWLR 200 SAS Trustee Corporation v Miles (2018) 265 CLR 137; [2018] HCA 55 Services and Multicultural Affairs v Moorcroft (2021) 273 CLR 21; [2021] HCA 19 Thiess v Collector of Customs (2014) 250 CLR 664; [2014] HCA 12 Category: Principal judgment Parties: Mitchell Ivan Taylor (Plaintiff) Commissioner of Police NSW (First Defendant) District Court of New South Wales (Second Defendant) Representation: Counsel: S Duggan (Plaintiff) D New (First Defendant) Submitting appearance (Second Defendant)