Innes v R [2018] NSWCCA 90

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Innes v R [2018] NSWCCA 90 Hearing dates: 2 August 2017 Date of orders: 11 May 2018 Decision date: 11 May 2018 Before: Johnson J at [1] Davies J at [146] Lonergan J at [147] Decision: Leave to appeal against conviction granted. Appeal dismissed. Catchwords: CRIMINAL LAW - conviction appeal – three offences of using a carriage service to transmit child pornography material contrary to s.474.19(1) Criminal Code 1995 (Cth)- online communications by appellant with a police officer using an assumed online identity of a 30 year old woman – appellant's transmissions included descriptions of sexual activities he wished to undertake with the woman and her 11 year old daughter – definition of "child pornography material" in s.473.1 of Code – contention that offence did not extend to transmissions concerning future sexual activity - held that the offence is not limited to descriptions of sexual activity expressed in the present tense – narrow construction would lead to absurd results and not promote legislative purpose – no error established in trial Judge's refusal of application for directed verdicts of acquittal – claim of error in directions concerning recklessness and inferences – directions to the jury concerning recklessness were appropriate – no further directions sought by counsel – no error demonstrated – directions to the jury concerning inferences were appropriate – no error demonstrated – appeal dismissed Legislation Cited: Acts Interpretation Act 1901 (Cth) Criminal Appeal Act 1912 Customs Act 1901 (Cth) Criminal Code 1995 (Cth) Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Bill (No.2) 2004 (Cth) Criminal Appeal Rules Cases Cited: Beckwith v The Queen (1976) 135 CLR 569; [1976] HCA 55 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297; [1981] HCA 26 Director of Public Prosecutions (Cth) v Neamati [2007] NSWSC 746 Doney v The Queen [1990] 171 CLR 207; [1990] HCA 51 Gent v R (2005) 162 A Crim R 29; [2005] NSWCCA 370 Hill v R [2017] NSWCCA 138 McEwen v Simmons (2008) 73 NSWLR 10; [2008] NSWSC 1292 Monis v The Queen (2013) 249 CLR 92; [2013] HCA 4 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R v JMR (1991) 57 A Crim R 39 R v R (1989) 18 NSWLR 74 R v Serratore (1999) 48 NSWLR 101; [1999] NSWCCA 377 Rail Corporation New South Wales v Brown (2012) 82 NSWLR 318; [2012] NSWCA 296 The Queen v LK (2010) 241 CLR 177; [2010] HCA 17 Towney v R [2018] NSWCCA 65 Wilson v Anderson (2002) 213 CLR 401; [2002] HCA 29 Texts Cited: Pearce and Geddes, "Statutory Interpretation in Australia", 8th ed, 2014, Lexis Nexis Category: Principal judgment Parties: Ian Duncan Innes (Appellant) Regina (Respondent) Representation: Counsel: Mr J Pappas (Appellant) Mr LK Crowley (Respondent)