NSW Caselaw
New South Wales Supreme Court
CITATION : Director of Public Prosecutions v Kear [2006] NSWSC 1145
HEARING DATE(S) : 27/06/2006
JUDGMENT DATE : 9 October 2006
JUDGMENT OF : Howie J at 1
DECISION : The summons is dismissed with costs.
CATCHWORDS : Criminal Law - offence under s 578B(2) of the Crimes Act - possession of child pornography - images on hard drive of computer - charge dismissed in Local Court - whether appeal on ground involving question of law alone - nature of "film" under s 578B(2) - whether includes viewing image on computer monitor - no error of law.
Crimes Act 1900 - s 578B(2) Crimes (Local Courts Appeal and Review) Act 2001 - ss 56(1)(c), 59(2) LEGISLATION CITED : Classification (Publications, Films and Computer Games) Act 1995 (CTH) Safety and Traffic Management Act - s 40(1) Pawnbrokers and Second-Hand Dealers Regulation - clause 18A
CASES CITED : Director of Public Prosecutions v Belani (2005) 64 NSWLR 319 Director of Public Prosecutions v Illawarra Cashmart Pty Ltd [2006] NSWSC 343
PARTIES : Director of Public Prosecutions v Martin Kear
FILE NUMBER(S) : SC 15828/2005
COUNSEL : D. Frearson SC - Plaintiff P. Boulten SC - Defendant
SOLICITORS : S. Kavanagh - Plaintiff Nyman Gibson Stewart - Defendant
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Magistrate Pearce
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HOWIE J
MONDAY 9 OCTOBER 2006
15828/2005 DIRECTOR OF PUBLIC PROSECUTIONS v MARTIN KEAR
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