DPP v Hodge [2008] NSWLC 3

Local Court of New South Wales

CITATION: DPP v Hodge [2008] NSWLC 3

JURISDICTION: Criminal

PARTIES: Director of Public Prosecutions (NSW) Gregory Arthur Hodge

FILE NUMBER:

PLACE OF HEARING: Downing Centre

DATE OF DECISION: 02/06/2008

MAGISTRATE: Chief Magistrate G L Henson

CATCHWORDS: Possess Child Pornography - Judgment on Application for Costs

Crimes Act 1900 LEGISLATION CITED: Weapons Prohibition Act 1998 Criminal Procedure Act 198

CASES CITED: Fosse –v- DPP [1999] NSWSC 367

TEXTS CITED:

REPRESENTATION:

ORDERS:

1. On 7th March 2007 Police executed a search warrant on premises occupied by the accused person. There is no issue raised in the context of this application that the search warrant was not validly obtained and appropriately exercised. From submissions made to the Court it would seem that a number of still images and video files were obtained from the personal computer belonging to the accused person. Whilst searching the house a set of knuckle-dusters was located under a bed. The accused person acknowledged knowledge and possession of this article. This acknowledgment was recorded electronically on the video recorder used to record the search of his premises. The accused was not arrested at this time. On 2nd April 2007 he was invited to participate in a record of interview. Exercising his right to silence he declined such invitation. Nothing adverse can be drawn from this circumstance.

2. Subsequently on 15th May 2007 the accused was served with Court Attendance Notices alleging the offences of possessing child pornography contrary to the provisions of Section 91H (3) of the Crimes Act 1900 and possessing a prohibited weapon contrary to the provisions of Section 7(1) of the Weapons Prohibition Act 1998.