Police v JJ (a pseudonym) - [2022] NSWLC 17

Local Court

New South Wales

Medium Neutral Citation: Police v JJ (a pseudonym) [2022] NSWLC 17
Hearing dates: 19, 20 and 21 September 2022
Date of orders: 23 September 2022
Decision date: 23 September 2022
Jurisdiction: Criminal
Before: Nash LCM
Decision:
Charge dismissed

Catchwords:
CRIME – allegation of failing to comply with reporting obligations under the Child Protection (Offenders Registration) Act 2000 (NSW) – internet service provider information – whether provision of incorrect or inaccurate relevant personal information to police by a registrable person constitutes an offence under s 17 of the Act – whether the Act permits a registrable person to notify a change in personal information in advance of the change coming into effect – whether ‘reasonable excuse’ established under s 17(2) of the Act

Legislation Cited:
Child Protection (Offenders Registration) Act 2000 (NSW)
Court Suppression and Non-Publication Orders Act 2010 (NSW)
Evidence Act 1995 (NSW)

Cases Cited:
Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41
Aubrey v The Queen (2017) 260 CLR 305; [2017] HCA 18
Filip Black v Regina [2017] NSWDC 326
Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Minister for Jobs and Industrial Relations v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2020) 271 CLR 495; [2020] HCA 29
O'Neill v Commissioner of Police [2020] NSWSC 1805
R v A2; R v Magennis; R v Vaziri (2019) 269 CLR 507; [2019] HCA 35
Australian Securities and Investments Commission v King (2020) 270 CLR 1; [2020] HCA 4
Z v New South Wales Crime Commission (No 2) [2005] NSWSC 1388

Texts Cited:
Nil

Category: Principal judgment
Parties: Police (Prosecutor)
JJ (Defendant)
Representation:
Counsel:
Mr Ian Lloyd KC (Defendant)
Solicitors:
Sgt Parkin (Prosecutor)
Mitchell & Co Lawyers (Defendant)

File Number(s): 2020/262058
Publication restriction: In this judgment, the accused is referred to by a pseudonym, and information that could lead to the identification of the accused has been redacted.
The name of the accused is not to be published, nor is any other material that could lead to the identification of the accused: s 7 Court Suppression and Non-Publication Orders Act 2010

Judgment – REVISED FROM TRANSCRIPT

A. INTRODUCTION

These are my ex tempore reasons in the matter of JJ (a pseudonym), which I heard over the course of 3 days this week, being 19, 20 and 21 September 2022, sitting at the Downing Centre Local Court. I am delivering these reasons today, 23 September 2022, without the benefit of a transcript of the evidence, and therefore I am relying on what are undoubtedly imperfect notes taken during the hearing of both the evidence and the parties' respective submissions.
The accused is charged with one offence under s 17(1) of the Child Protection (Offenders Registration) Act 2000 (NSW) in that between 2 June 2020 and 26 August 2020 at [redacted], he did, without reasonable excuse, fail to comply with his reporting obligations under the Child…

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 Police v JJ (a pseudonym)

Details

AGLC: Police v JJ (a pseudonym) [2022] NSWLC 17
Case: [2022] NSWLC 17
Decision Date: 23 September 2022

CaseChat Overview and Summary

The case involves the respondent, referred to as JJ, who was charged with failing to comply with reporting obligations under the Child Protection (Offenders Registration) Act 2000 (NSW). The respondent, who is required to register personal information with the police, allegedly provided incorrect information to the police. The matter was heard in the Local Court of New South Wales.

The legal issues the court had to decide included whether the provision of incorrect or inaccurate personal information to the police by a registrable person constituted an offence under section 17 of the Act, and whether the Act allowed a registrable person to notify a change in personal information before the change took effect. Additionally, the court had to determine if the respondent had established a reasonable excuse under section 17(2) of the Act.

The court found that the Act did not permit a registrable person to notify a change in personal information before the change took effect. The court also found that providing incorrect information to the police did not constitute an offence under section 17 of the Act. Furthermore, the court determined that the respondent had established a reasonable excuse for providing incorrect information. Consequently, the court dismissed the charge against the respondent.

Orders

Orders of the court

Charge dismissed

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.

Medium Neutral Citation:	Police v JJ (a pseudonym) [2022] NSWLC 17
Hearing dates:	19, 20 and 21 September 2022
Date of orders:	23 September 2022
Decision date:	23 September 2022
Jurisdiction:	Criminal
Before:	Nash LCM
Decision:	Charge dismissed
Catchwords:	CRIME – allegation of failing to comply with reporting obligations under the Child Protection (Offenders Registration) Act 2000 (NSW) – internet service provider information – whether provision of incorrect or inaccurate relevant personal information to police by a registrable person constitutes an offence under s 17 of the Act – whether the Act permits a registrable person to notify a change in personal information in advance of the change coming into effect – whether ‘reasonable excuse’ established under s 17(2) of the Act
Legislation Cited:	Child Protection (Offenders Registration) Act 2000 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Evidence Act 1995 (NSW)
Cases Cited:	Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Aubrey v The Queen (2017) 260 CLR 305; [2017] HCA 18 Filip Black v Regina [2017] NSWDC 326 Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Minister for Jobs and Industrial Relations v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2020) 271 CLR 495; [2020] HCA 29 O'Neill v Commissioner of Police [2020] NSWSC 1805 R v A2; R v Magennis; R v Vaziri (2019) 269 CLR 507; [2019] HCA 35 Australian Securities and Investments Commission v King (2020) 270 CLR 1; [2020] HCA 4 Z v New South Wales Crime Commission (No 2) [2005] NSWSC 1388
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Police (Prosecutor) JJ (Defendant)
Representation:	Counsel: Mr Ian Lloyd KC (Defendant) Solicitors: Sgt Parkin (Prosecutor) Mitchell & Co Lawyers (Defendant)
File Number(s):	2020/262058
Publication restriction:	In this judgment, the accused is referred to by a pseudonym, and information that could lead to the identification of the accused has been redacted. The name of the accused is not to be published, nor is any other material that could lead to the identification of the accused: s 7 Court Suppression and Non-Publication Orders Act 2010