Eades v Director of Public Prosecutions (NSW) [2010] NSWCA 241

Reported Decision: 203 A Crim R 136

New South Wales Court of Appeal

CITATION: Eades v Director of Public Prosecutions (NSW) [2010] NSWCA 241 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 24 August 2010

JUDGMENT DATE: 17 September 2010

JUDGMENT OF: Beazley JA at 1; Basten JA at 2; Campbell JA at 24

(1) Grant leave to the Applicant to appeal from the judgment and orders of James J made in the Common Law Division on 17 December 2009. (2) Deem the draft Notice of Appeal contained in the white folder to stand as the Notice of Appeal in the proceedings and waive further requirements of the rules with respect to filing and service of the Notice of Appeal. DECISION: (3) Delete the declaration made by his Honour. (4) Otherwise dismiss the appeal. (5) Order the Applicant to pay the Respondent's costs of the application for leave to appeal and the appeal.

CATCHWORDS: CRIMINAL LAW – incitement to commit indecency – elements of offence – whether characterisation of the act incited as indecent depends on the purpose of the person committing the act, or the purpose or understanding of the person who incites – Crimes Act 1900 (NSW), s 61N(1) – CRIMINAL LAW – incitement to commit indecency – evidence – the scope of circumstances permissible to consider in determining whether an act was an act of indecency – Crimes (Appeal and Review) Act 2001 (NSW), s 56(1) – CRIMINAL LAW – incitement to commit indecency – significance of the act incited by the applicant being an act engaged in by the complainant – Crimes Act 1900 (NSW), s 61N(1) – APPEAL – appeal from Local Court to Supreme Court – powers of Supreme Court – WORDS AND PHRASES – "act of indecency" – Crimes Act 1900 (NSW), s 61N(1)