R v Scoble [2019] NSWDC 255

District Court New South Wales

Medium Neutral Citation: R v Scoble [2019] NSWDC 255 Hearing dates: 30 May 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Criminal Before: Weber SC DCJ Decision: (1) Appeal allowed

(2) The conviction entered by the learned Magistrate on 12 September 2018, be quashed. Catchwords: CRIME – Appeal and review – Appeal from Local Court to District Court – By person convicted against conviction – Child sex offences – Child abuse material - Definition – Possession - where material must be offensive considering all the circumstances - where appellant highly regarded biographer - where subject material concerns artistic illustrations - where subject material acquired by appellant during academic research for a biography - where material obtained from reputable public source - where appellant failed to dispose of subject material following abandonment of biography - where evidence that material was left untouched for several years - where no other child abuse material found during search – appeal allowed – conviction quashed. Legislation Cited: Crimes Act 1900 (NSW) Summary Offences Act 1988 (NSW) Cases Cited: AG v Director of Public Prosecutions (NSW) [2015] NSWCA 218 Ball v McIntyre [1961] 9 FLR 37 Charara v R [2006] NSWCCA 244 Monis v R; Droudis v R [2011] NSWCCA 231 Monis v The Queen (2013) 249 CLR 92 NSW Police Force v X [2014] NSWLC 23 R v Silva [2009] ACTSC 108 Category: Principal judgment Parties: Regina (Crown) Robert Michael Scoble (Appellant) Representation: Counsel: Ms K. Edwards (Appellant)