NSW Caselaw
Appeal Outcome: Special leave application dismissed by the High Court - 24 April 2008
New South Wales Court of Criminal Appeal
CITATION: Geoffrey William LEONARD v REGINA [2007] NSWCCA 197
HEARING DATE(S): 29 June 2007
JUDGMENT DATE: 3 July 2007
JUDGMENT OF: Spigelman CJ at 1; James J at 33; Hislop J at 34
DECISION: Leave to appeal refused
CATCHWORDS: APPEAL – Appeal from pre-trial interlocutory proceedings – discretionary judgment of the judge below not to stay proceedings – no error in the exercise of discretion - CONSTITUTIONAL LAW – Operation and effect of the Commonwealth Constitution – Restrictions on Commonwealth and State legislation – rights and freedoms implied in the Commonwealth Constitution – freedom of political communication – s474.22 of the Criminal Code does not place an impermissible burden on the freedom of communication. - CRIMINAL LAW – Offences against decency and morality – Publication of child abuse material on the Internet – interpretation of s474.22 of the Criminal Code.
LEGISLATION CITED: Criminal Appeal Act 1912, s5F(3)(a) Criminal Code Act 1995 (Cth), Criminal Code s473.1, s473.4, s474.19, s474.22
Coleman v Power (2004) 220 CLR 7 CASES CITED: Holland v The Queen (2005) 30 WAR 231 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520
PARTIES: Geoffrey William Leonard (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/796
COUNSEL: A R Jungwirth (Appellant) P Roberts SC, L M McManus (Respondent)
SOLICITORS: M Lagana, Commonwealth Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0746
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