P v Anthony Reid [2010] NSWLC 16

Local Court of New South Wales

CITATION: P v Anthony Reid [2010] NSWLC 16

JURISDICTION: Criminal

PARTIES: NSW Police Mr Anthony Reid

FILE NUMBER:

PLACE OF HEARING: Downing Centre Local Court

DATE OF DECISION: 03/23/2010

MAGISTRATE: Magistrate Huber

CATCHWORDS: convicted child sexual offender, without reasonable excuse, definition of 'loiter', in or near public place regularly frequented by children.

LEGISLATION CITED: Summary Offences Act 1988

CASES CITED:

TEXTS CITED:

Prosecution: Sgt Carlon REPRESENTATION:

For and with the Accused: Mr Hamil

ORDERS:

1 The Accused faces two charges pursuant to section 11G of the Summary Offences Act. ie he, being

… a convicted child sexual offender and who loiters, without reasonable excuse in or near … a public place regularly frequented by children and in which children are present at the time of the loitering

… is guilty of an offence 2 The Accused concedes that

he is a "convicted child sexual offender" as defined by the section; the areas where the Accused was seen to be at the time of the alleged offences were public places regularly frequented by children; and that children were present at the time of the alleged offence. 3 The primary issue is whether or not the actions of the Accused amount to "loitering" and if they did, whether he had a reasonable excuse.

4 It is not an offence for a convicted child sexual offender to merely be in or near a public place that is regularly frequented by children and where children are present. He must be there loitering without a reasonable excuse.

Facts 5 Identification is not an issue save for the evidence given by Mr Grainger.