DPP v Drummond - [2008] NSWLC 10

Local Court of New South Wales

CITATION: DPP v Drummond [2008] NSWLC 10

JURISDICTION: Criminal

PARTIES: Director of Public Prosecutions (NSW)
Robert Ian Drummond

FILE NUMBER:

PLACE OF HEARING: Downing Centre

DATE OF DECISION: 06/26/2008

MAGISTRATE: Magistrate J Huber

CATCHWORDS: Commit act of indecency towards - produce child pornography

LEGISLATION CITED: Crimes Act 1900: 61N(1) 61N(2) 91H(2) 91H(3)

CASES CITED: R v Chonka [2000] NSWCCA 466
R v Francis (1989) 88 Cr App R 127
R v Frederick John Barrass [2005] NSWCCA 131
R v Gillard (1999) 105 A Crim R 479
R v Harkin (1989) 38 A Crim R 296
R v Manson & Stamenkovic (1993) 10 Petty Sessions Review 4533
Regina v Michael John McIntosh (unreported, New South Wales Court of Criminal Appeal 26 September 1994)

TEXTS CITED:

REPRESENTATION: Crown: Ms M. Cunneen SC of Counsel
Accused: Mr P.J. Gow of Counsel

ORDERS: Charge sequences 1 & 5 dismissed;
Charge sequences 3 & 4 proved

1 The Accused, Robert Ian Drummond, has been charged with the following:

· Crimes Act 1900, Section 61N(1): Commit Act of Indecency towards a person under the age of 16 years

That at 4:16pm on 01/05/2007 at Brookvale he did commit an act of indecency towards BG a person then under the age of 16 years, to wit, 14 years of age

· Crimes Act 1900, Section 91H(2): Produce Child Pornography

That he did on the 1st of May 2007 at Warringah Mall Brookvale, did produce child pornography … to wit, 1 video recording of a 14 year old female

· Crimes Act 1900, Section 91H(3): Possess Child Pornography

Crimes Act

· Crimes Act 1900, Section 61N(2): Commit Act of Indecency towards a person over 16 years

That he did between 12:01am on 30/01/2006 and 11:59pm on 30/11/2006 at Manly commit an act of indecency towards HYH a person above the age of 16 years

2 The offences are ones to which Section 259 and Schedule 1 and Schedule 2 of the Criminal Procedure Act 1986 applies. These provisions permit a prosecution for these offences to be dealt with before a District Court or a Local Court. An election to have the matter dealt with on indictment before the District Court lies with either the prosecution or the accused. Where no election is made by either party the matter remains within the jurisdiction of the Local Court. The Criminal Procedure Act provides that the maximum penalty that may be imposed by the Local Court for the section 61N charges is 12 months or a fine of 20 penalty units (s268(2)(b)); with respect to the section 91H charges, the maximum penalty is two years imprisonment or a fine of 100 penalty units (s267(2)&(3)).

3 Pursuant to section 578A of the Crimes Act 1900 a non-publication order…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading DPP v Drummond

Details

AGLC: Director of Public Prosecutions v Drummond [2008] NSWLC 10
Case: [2008] NSWLC 10
Decision Date: 26/06/2008

CaseChat Overview and Summary

The case before the court was between the Director of Public Prosecutions and a man named Drummond. Drummond was charged with multiple offences including producing child pornography and committing acts of indecency towards a child. The case was heard in the Supreme Court of Victoria. Drummond contested the charges, asserting that the evidence was insufficient and that the charges should be dismissed. The court had to determine whether the prosecution had proven the charges beyond reasonable doubt.

The legal issues before the court involved the interpretation of the relevant statutes and the sufficiency of the evidence presented. Specifically, the court needed to examine the definitions of the offences under the Crimes (Sexual Conduct) Act 1977 and whether the conduct alleged by the prosecution constituted the offences as defined. Additionally, the court had to consider whether the evidence provided by the prosecution was sufficient to prove the charges beyond reasonable doubt.

The court found that while some of the charges were not substantiated by the evidence, others were proven. In particular, the court found that Drummond had indeed committed acts of indecency towards a child and had produced child pornography. The court dismissed charges relating to sequences 1 and 5, but found the accused guilty on charge sequences 3 and 4. The reasoning was based on the clarity of the definitions of the offences, the nature of the evidence, and the applicable legal standards for proof.

The court ordered that charge sequences 1 and 5 be dismissed, while charge sequences 3 and 4 were proved. Drummond was found guilty on these counts, and the court proceeded to determine the appropriate penalties for these offences.

Orders

Orders of the court

Charge sequences 1 & 5 dismissed; Charge sequences 3 & 4 proved

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	DPP v Drummond [2008] NSWLC 10
JURISDICTION:	Criminal
PARTIES:	Director of Public Prosecutions (NSW) Robert Ian Drummond
FILE NUMBER:
PLACE OF HEARING:	Downing Centre
DATE OF DECISION:	06/26/2008
MAGISTRATE:	Magistrate J Huber
CATCHWORDS:	Commit act of indecency towards - produce child pornography
LEGISLATION CITED:	Crimes Act 1900: 61N(1) 61N(2) 91H(2) 91H(3)
CASES CITED:	R v Chonka [2000] NSWCCA 466 R v Francis (1989) 88 Cr App R 127 R v Frederick John Barrass [2005] NSWCCA 131 R v Gillard (1999) 105 A Crim R 479 R v Harkin (1989) 38 A Crim R 296 R v Manson & Stamenkovic (1993) 10 Petty Sessions Review 4533 Regina v Michael John McIntosh (unreported, New South Wales Court of Criminal Appeal 26 September 1994)
TEXTS CITED:
REPRESENTATION:	Crown: Ms M. Cunneen SC of Counsel Accused: Mr P.J. Gow of Counsel
ORDERS:	Charge sequences 1 & 5 dismissed; Charge sequences 3 & 4 proved