R v PJ [2017] NSWCCA 290

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v PJ [2017] NSWCCA 290 Hearing dates: 27 October 2017 Decision date: 01 December 2017 Before: Latham J at [1] Bellew J at [41] Campbell J at [42] Decision: Appeal dismissed Catchwords: CRIMINAL LAW – APPEAL – sexual offences – Crown appeal against permanent stay – statutory interpretation - 73(3)(c) Crimes Act 1900 – meaning of "established personal relationship" – meaning of "in connection with" - whether complainant was under the respondent's "special care" Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1958 (Vic) Criminal Appeal Act 1912 Interpretation Act 1987 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; 239 CLR 27 JAD v R [2012] NSWCCA 73 Kennedy v R [2017] NSWCCA 193 Project Blue Sky Inc & Ors v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 R v Howes [2000] VSCA 159 R v Orcher [1999] NSWCCA 356; 48 NSWLR 273 Category: Principal judgment Parties: Crown (Appellant) PJ (Respondent) Representation: Counsel: M. Cinque SC (Appellant) T. Healey (Respondent)

Solicitors: Director of Public Prosecutions NSW (Crown) Bilbie Dan Solicitors (Respondent) File Number(s): 2016/45404 Decision under appeal Court or tribunal: District Court of NSW Date of Decision: 24 August 2017 Before: Bright DCJ File Number(s): 2016/45404