Khanna v Commissioner of Police NSW [2007] NSWSC 17

Reported Decision : 168 A Crim R 530

New South Wales Supreme Court

CITATION : Khanna v Commissioner of Police NSW [2007] NSWSC 17

HEARING DATE(S) : 31 October 2006

JUDGMENT DATE : 30 January 2007

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

DECISION : Declare that upon proper construction of (NSW) Child Protection (Offenders Registration) Act 2000 and in events which have happened, plaintiff is not a "registrable person" for purposes of that Act. Order that defendant be restrained from making any entry in the Child Protection Register kept under s 19 of that Act in respect of plaintiff. Order that defendant pay plaintiff's costs.

CATCHWORDS : CRIMINAL LAW – Registration of child sex offenders – where plaintiff convicted and sentenced in Victoria to imprisonment wholly suspended – whether plaintiff is a "registrable person" for the purposes of the NSW Registration Act - whether Victorian suspended sentence of imprisonment is a sentence which includes a term of imprisonment for purposes of (NSW) Child Protection (Offenders Registration) Act 2000, s 3A – whether suspended sentence of imprisonment is a sentence which includes a requirement that offender be under supervision - whether relief should be refused on discretionary grounds arising from recent retrospective amendment to Victorian legislation - Child Protection (Offenders Registration) Act 2000, s 3, 3A, 3C

(CTH) Migration Act 1958, s 201(c) (NSW) Child Protection (Offenders Registration) Act 2000, s 3, 3A, 3C, 4, 5, 6, 9A, 14, 19 (NSW) Child Protection (Offenders Registration) Regulations 2001, cl 5B (NSW) Crimes Act 1900, s 61N(1) LEGISLATION CITED : (NSW) Crimes (Sentencing Procedure) Act 1999, ss 5, 6, 7, 8, 9, 10, 11, 12, 98, 99 (NSW) Interpretation Act 1987, s 34(1)(b)(i), 34(2)(f) (VIC) Corrections Act 1986, s 6C(1) (VIC) Crimes Act 1958, ss 45(1), 47(1) (VIC) Sentencing Act 1991, s 27 (VIC) Sex Offenders Registration Act 2004, s 12