Ryan v The Queen

This case concerned an appeal to the High Court of Australia by a former primary school teacher, the appellant, against his conviction for committing an act of indecency with a male person. The alleged offence occurred in 1978, with a complaint made in 1997 by a former pupil. The appellant's conviction was based on a single charge under s 81A of the *Crimes Act 1900* (NSW), as the jury was unable to reach a verdict on four other charges.

The legal issues before the High Court included whether the trial judge's directions to the jury were adequate, particularly concerning the requirement for a *Longman* warning given the age of the alleged offence and the passage of time since the events. The Court also considered whether it could entertain grounds of appeal and points not previously raised in lower courts, and crucially, the correct interpretation and application of s 81A of the *Crimes Act 1900* (NSW), specifically whether the facts as alleged constituted an act of indecency "with" another male person, as opposed to "towards" or "in the presence of" another male person.

The High Court reasoned that the trial judge's direction to the jury, which stated that an act of indecency "in the presence of" the complainant was sufficient, misstated the requirements of s 81A. The Court held that the wording of the section, "with another male person," required a more direct involvement or interaction than merely being present. Given that the complainant's evidence did not establish any physical contact or participation by the complainant in the appellant's conduct, the Court concluded that the evidence, even if accepted in full, did not support a conviction under the correct interpretation of the section.

Consequently, the High Court allowed the appeal, set aside the conviction, and ordered that a verdict of acquittal be entered.