District Court
New South Wales
Medium Neutral Citation: R v Craig Andrew Woodley [2013] NSWDC 14 Hearing dates: 16-26 October 2012 Decision date: 26 February 2013 Before: Mahony SC DCJ Decision: See Orders at paragraph 86
Catchwords: Criminal Law. Act of Indecency; grooming a child under 16 years of age by exposing to indecent material and by providing an intoxicating substance. Legislation Cited: Crimes Act 1900
Criminal Code 1995 (Cth)
Crimes (Sentencing Procedure) Act 1999Cases Cited: R v Asplund [2010] NSWCCA 316
R (Cth) v Poynder [2007] NSWCCA 157
Pearce v The Queen (1998) 194 CLR 610
Muldrock v The Queen (2011) 244 CLR 120Category: Sentence Parties: The Crown
Craig Andrew Woodley - OffenderRepresentation: Director of Public Prosecutions -
Mr R Cooley
A Williams - The Offender
File Number(s): 10/72635 Publication restriction: Complainant's Name Pursuant to s578A Crimes Act 1900 there is to be no publication of the victim's name or anything that may lead to identification of the victim. Identifying information has been removed from this version of the judgment to comply with the statute.
Judgment
On 26 October 2012 the jury delivered verdicts of guilty on the three counts with which the offender was charged, namely,
Count 1 - On 29 October 2009 at Claremont Meadows in the State of New South Wales committed an act of indecency towards EN, a person under the age of 16 years, namely 15 years, in circumstances of aggravation, namely that EN was at the time under the authority of Craig Andrew Woodley. - S 610(1) of the Crimes Act 1900
Count 2 - Between 27 October 2009 and 2 November 2009 at Claremont Meadows in the State of New South Wales did expose EN, a child then under the age of 16 years, to indecent material with the intention of making it easier to procure the child for unlawful sexual activity with himself - S 66EB(3) Crimes Act 1900
Count 3 - On or about 31 October 2009 at Claremont Meadows in the State of New South Wales did provide EN, a child then under the age of 16 years with an intoxicating substance, namely amphetamines, with the intention of making it easier to procure the child for unlawful sexual activity with himself - S 66EB(3) Crimes Act 1900
In respect of Count 1 the maximum penalty prescribed by s 610 (1) of the Crimes Act is five years. In respect of Counts 2 & 3 the maximum penalty prescribed by s 66 EB (3) of the Crimes Act is ten years in relation to each offence.
At the commencement of the trial I made an order pursuant to s 578A of the Crimes Act 1900 prohibiting the identification of EN ("the victim").
The accused has been in custody since the verdicts were returned, and that time in custody will be taken into account.
Circumstances of the Offending
Based on the evidence at trial, I make the following findings of fact. The evidence comprised the Crown case against…
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- Case
- [2013] NSWDC 14
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court involved the interpretation and application of specific statutory provisions under the Crimes Act 1958. The court had to determine whether the evidence presented met the legal thresholds for the offences of grooming a child under 16 years of age and supplying an intoxicating substance to a minor. The defence argued that the interactions were not of a nature to amount to grooming and that the substance provided was not harmful or intoxicating. The prosecution needed to establish beyond reasonable doubt that the defendant's actions were deliberate and constituted the alleged offences.
The court meticulously examined the evidence, including witness testimonies, digital communications, and expert opinions on the nature of the interactions. It was found that the defendant had indeed engaged in behaviour that met the statutory criteria for grooming, as he had exposed the child to explicit content and provided a substance that could be considered intoxicating. The court concluded that the prosecution had successfully demonstrated the elements of the offences. As a result, the defendant was found guilty on both counts. The detailed reasoning and analysis by the court underscored the seriousness of the offences and the need for stringent measures to protect minors from such predatory behaviour.
Orders
Orders of the court
See Orders at paragraph 86
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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