Supreme Court
New South Wales
Medium Neutral Citation: Director of Public Prosecutions (NSW) v Beeby [2025] NSWSC 1307 Hearing dates: 23 September 2025
Supplementary submissions on 26 and 30 September 2025Date of orders: 06 November 2025 Decision date: 06 November 2025 Jurisdiction: Common Law Before: Free JA Decision: (1) Appeal allowed.
(2) The order of Magistrate O’Meagher made on 26 February 2025 dismissing the charge H79228709-1 for the offence of procure child over 14 years and under 16 years for unlawful sexual activity pursuant to s 66EB(2) of the Crimes Act 1900 (NSW) is set aside.
(3) The matter is remitted to the Gosford Local Court to be determined according to law.
Catchwords: CRIME — Appeal and review — Appeal from Local Court to Supreme Court — By prosecutor on a question of law alone — Crimes (Appeal and Review) Act 2001 (NSW), ss 56, 59 — summary dismissal of charge by Magistrate following decision to exclude evidence — nature of an appeal under s 56 discussed
CRIME — Child sex offences — Procuring or grooming child for unlawful sexual activity — fictitious children — Grindr conversation between accused and purportedly 15 year old male — assault and robbery of accused by group of four — “vigilante paedophile hunting”
EVIDENCE — Evidence Act 1995 (NSW), s 138 — whether Magistrate erred in finding evidence of the Grindr conversation was obtained in or in consequence of a contravention of Australian law
STATUTORY INTERPRETATION — Crimes Act 1900 (NSW), ss 66EB, 80G — Crimes Prevention Act 1916 (NSW), s 2 — whether the specific preclusion of an incitement offence under s 80G displaces the general application of s 2
Legislation Cited: Crimes Act 1900 (NSW), ss 66EB, 80G
Crimes Amendment (Sexual Offences) Act 2008 (NSW), Sch 1, Item [19]
Crimes (Appeal and Review) Act 2001 (NSW), ss 56, 59
Crimes Prevention Act 1916 (NSW), ss 2, 4
Criminal Code Act 1995 (Cth), Sch 1, ss 2.1, 2.2, 11.4, 474.26, 474.27
Criminal Code Act 1924 (Tas), Sch 1, ss 3, 125D
Director of Public Prosecutions Act 1986 (NSW), ss 9, 10
Evidence Act 1995 (NSW), ss 137, 138
Evidence Act 2001 (Tas), s 138
Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41
Associated Minerals Consolidated Ltd v Wyong Shire Council [1975] AC 538; [1974] 2 NSWLR 681
Bunning v Cross (1978) 141 CLR 54; [1978] HCA 22
Commissioner of Police (NSW) v Eaton (2013) 252 CLR 1; [2013] HCA 2
Director of Public Prosecutions (NSW) v Mahamed [2022] NSWSC 147
Federal Commissioner of Taxation v Consolidated Media Holdings (2012) 250 CLR 503; [2012] HCA 55
Ferdinands v Commissioner for Public Employment (2006) 225 CLR 130; [2006] HCA 5
Fletcher (a pseudonym) v Knight (a pseudonym) [2025] ACTCA 8
Franklin v Commissioner of Police [2018] NSWSC 310
Kadir v The Queen; Grech v The Queen (2020) 267 CLR 109; [2020] HCA 1
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- AGLC
- Director of Public Prosecutions (NSW) v Beeby [2025] NSWSC 1307
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- [2025] NSWSC 1307
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