NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Barrass [2005] NSWCCA 131
HEARING DATE(S): 10/11/2004
JUDGMENT DATE: 13 April 2005
JUDGMENT OF: Dunford J at 1; Simpson J at 2; Hidden J at 3
DECISION: First question answered 'No'; second question not answered; matter remitted to District Court.
CATCHWORDS: CRIMINAL LAW - Appeal to District Court against summary convictions - submission of questions of law under s5B Criminal Appeal Act - two charges of committing an act of indecency "towards" young girls - whether act of indecency must be committed in the immediate physical presence of the complainants
Crimes Act 1900 - ss61E(2),61O(2),71,76A,78 Criminal Appeal Act 1912 LEGISLATION CITED: Interpretation Act 1987 Summary Offences Act 1970 Summary Offences Act 1988
Saraswati v The Queen (1990-91) 172 CLR 1 Fairclough v Whipp (1951) 35 Cr App R 138 DPP v Rogers [1953] 1 WLR 1017 Moloney v Mercer [1971] 2 NSWLR 207 R v Stanley [1965] 2 QB 327 CASES CITED: McGowan v Langmuir [1931] S.C. (J) 10 R v Gillard (1995) 105 ACrim R 479 R v Page (CCA unrep 25 November 1991) R v Chonka [2000] NSWCCA 466 Crampton v The Queen (2001) 206 CLR 161
Regina (respondent) PARTIES: Frederick John Barrass (appellant)
FILE NUMBER(S): CCA 2004/1837
P D Rosser (appellant) COUNSEL: P Power SC (Crown)
R Day - Intercept Law (appellant) SOLICITORS: Solicitor for Public Prosecutions (respondent)
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