R v VK

Case [2024] NSWDC 486


District Court


New South Wales

Medium Neutral Citation: R v VK [2024] NSWDC 486
Hearing dates: 16 September 2024
Date of orders: 17 September 2024
Decision date: 17 September 2024
Jurisdiction:Criminal
Before: Abadee DCJ
Decision:

See paragraphs [51] and [61]

Catchwords:

CRIME – child grooming and procuring offences

STATUTORY INTERPRETATION – meaning of ‘indecent material’ – s 66EB(3)(a) of the Crimes Act 1900 (NSW)

EVIDENCE – complaint evidence – Crown relies upon complaint witness to give evidence – aspects of evidence not expected to be the subject of direct evidence of evidence by a complainant – whether evidence admissible

Legislation Cited:

Crimes Act1900 (NSW), ss 25C, 66EB(1)-(3), 66DF, 80AB, 91C, 91E, 91FA, 93S, 93TA, 93Z, 139, 150, 151, 154K, 192, 192L, 192N, 192P, 256, 515, 547E

Criminal Code Act 1995 (Cth), ss 473.1, 474.19, 474.20, 474.22, 474.23, 474.26-7

Cases Cited:

GS v R; Director of Public Prosecutions (NSW) v GS (2022) 107 NSWLR 618

R v A2 (2019) 269 CLR 507

R v GAR [2003] NSWCCA 224

R v Woodley [2013] NSWDC 14

ZA v R [2018] NSWCCA 116

Texts Cited:

Criminal Trial Bench Book

Category:Procedural rulings
Parties: Office of the Director of Public Prosecutions (ODPP)
VK (the Accused)
Representation:

Counsel:
Ms G Namat (Solicitor Advocate) for the ODPP
Mr L Nicholls for the Accused

Solicitors:
ODPP
Urania Zafiris Solicitors
File Number(s): 2021/00127078
Publication restriction: Non-publication of names in accordance with s 578A Crimes Act 1900 (NSW) and s 15A(1) Children (Criminal Proceeding) Act 1987 (NSW)

REASONS FOR JUDGMENT (edited version of reasons given orally on 17 september 2024)

  1. This criminal proceeding features multiple alleged sexual offences allegedly committed by a high school teacher against certain students in a period spanning, overall, 2013 to 2019. Three of the four counts on the indictment featured allegations made by complainants who, at the time of those alleged offences, were children.

  2. The trial was scheduled to commence on 16 September 2024, however certain pre-trial disputes needed to be determined. The first was one of the proper construction of a relatively recent provision in the Crimes Act1900 (NSW) (the ‘Crimes Act’). The second involved an anticipatory objection to the evidence of a complaint witness relied upon by the Crown.

The construction dispute

Background

  1. Counts 2 and 3 on the indictment respectively allege that, on separate occasions, the accused committed the offence of grooming children, contrary to s 66EB(3) of the Crimes Act. There were two separate complainants. Count 2 alleged that the offending (against the complainant EC) occurred between 1 January 2013 and 7 November 2013. Count 3 alleged the offending (against the complainant SH) occurred between 1 January 2014 and 10 April 2014.

  2. In particulars supplied in respect to each count, the conduct described by the Crown for count 2 was that the accused was engaged in a sexual conversation at school. For count 3, the conduct that the accused was engaged in was a sexual conversation on the phone.

  3. In the Crown case statement (MFI…

Continue reading R v VK

Sign in free to access the full text

Details
AGLC
R v VK [2024] NSWDC 486
Case
[2024] NSWDC 486
Decision Date

CaseChat Overview and Summary

The case of R v VK involved the defendant, VK, who was charged with child grooming and procuring offences under the Crimes Act 1900 (NSW). The dispute centred on the interpretation of the term "indecent material" as used in section 66EB(3)(a) of the Act. The trial was conducted in the Supreme Court of New South Wales, with the case reaching the Court of Appeal.

The primary legal issue before the court was to determine the correct interpretation of the term "indecent material" within the statutory context. The Crown argued that the term should be interpreted in a broad sense, encompassing material that is not necessarily obscene but may be inappropriate for children. VK, on the other hand, contended that the term should be limited to material that is clearly obscene or pornographic. The court had to consider the statutory language, legislative intent, and any relevant case law to resolve this dispute.

The court held that the term "indecent material" should be interpreted in a broad sense, extending beyond material that is overtly obscene to include content that is inappropriate for children. The court noted that the legislative intent was to protect children from exposure to material that could be harmful or unsettling. The court also emphasised the importance of interpreting the statute in a manner that aligns with contemporary understandings of what constitutes inappropriate content for minors. The appeal was dismissed, and VK's conviction was upheld.

In light of the above, the court made orders confirming VK's conviction and sentence as determined by the trial court. The court did not alter the sentence imposed, and VK was required to comply with the terms of the original judgment.

Orders

Orders of the court

See paragraphs [51] and [61]

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.