Annetts v DPP (No2) [2009] NSWDC 139

Reported Decision : 9 DCLR (NSW) 311

New South Wales District Court

CITATION: Annetts v DPP (No2) [2009] NSWDC 139 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22 May 2009

JUDGMENT DATE: 19 June 2009

JURISDICTION: Criminal

JUDGMENT OF: Williams DCJ at 1

DECISION: Appeal upheld. Conviction set aside.

CATCHWORDS: CHILD PORNOGRAPHY - offensive to reasonable persons - sexual context

LEGISLATION CITED: Crimes Act (NSW) Section 91H(1) Crimes Act (NSW) Division 15B

Annetts v DPP (2008) NSWDC 242 CASES CITED: Director of Public Prosecutions (NSW) v Annetts (2009) NSWCCA 86 Phillips v Police (1994) 75ACrimR 480

PARTIES: Richard John Annetts Director of Public Prosecutions (NSW)

FILE NUMBER(S): 2008/12/1241

COUNSEL: Mr Goldsworthy Ms Knowles

SOLICITORS: Gells Lawyers Solicitor for Public Prosecutions

1. Reference should be made to my judgement in Annetts v DPP (2008) NSWDC 242. This matter has been referred back to me to be dealt with in accordance with the reasons of the Court of Criminal Appeal following a stated case (see Director of Public Prosecutions (NSW) v Annetts (2009) NSWCCA 86)

2. The evidentiary material said to be child pornography is contained in a DVD and consists of 20 clips of various lengths, the longest being about 5 minutes and the shortest being about 10 seconds. There are 8 clips which depict young boys, without clothing or only partially clothed in the process of dressing or undressing; 9 clips containing substantially blank material or material of no interest to anyone; and 3 clips containing pictures of young boys clothed in swimming shorts, towels or T-shirts. All were apparently taken in a swimming pool change room.