Jimenez v R [2017] NSWCCA 1

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jimenez v R [2017] NSWCCA 1 Hearing dates: 30 November 2016 Decision date: 27 January 2017 Before: Hoeben CJ at CL [1]; Adams J [2]; R A Hulme J [18]. Decision: (1) Appeal against conviction allowed. (2) Conviction quashed and verdict of acquittal to be entered. Catchwords: Leave to appeal against conviction – referral to Court of Criminal Appeal – possession of child pornography – Federal and State jurisdiction – error as to relevant law – conviction quashed. Legislation Cited: ss 91H(2), 91FA Crimes Act 1900 (NSW) Crimes Amendment (Child Pornography and Abuse Material) Act 2010 (NSW) s 78, s 79(1)(b) Crimes (Appeal and Review) Act 2001 (NSW) s 6(2) Criminal Appeal Act 1912 (NSW) ss 473.1, 474.19(1)(a)(i) Criminal Code Act 1995 (Cth) Cases Cited: Application by Alex Jimenez under s 78 Crimes (Appeal and Review) Act 2001 [2016] NSWSC 635 R v Boag (1994) 73 A Crim R 35 R v Thalari [2009] NSWCCA 170 Category: Principal judgment Parties: Alexander Jimenez (Applicant) Regina (Respondent) Representation: Counsel: S. Kluss (Applicant) S. Callan and M. Bridgett (Respondent)

Solicitors: Colleen V Donnelly Solicitor (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2016/158098 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Date of Decision: 05 September 2011 Before: Berman DCJ File Number(s): 2010/142644