Wilson v Director of Public Prosecutions (NSW)

The case of *Wilson v Director of Public Prosecutions (NSW)* concerned an appeal to the Court of Criminal Appeal of New South Wales. The appellant, Wilson, was charged under section 316(1) of the *Crimes Act 1900* (NSW) with failing to bring material information to the attention of the police regarding an alleged offence under section 81 of the *Crimes Act 1900* (NSW). The alleged commission of the section 81 offence occurred before that section was repealed in 1984, while the alleged failure to disclose information occurred between 2004 and 2006.

The central legal issues before the Court were whether section 316 of the *Crimes Act 1900* (NSW) was capable of applying to an offence committed under a repealed provision, and whether the offence under the repealed provision constituted a "serious indictable offence" for the purposes of section 316. Specifically, the Court had to consider the effect of section 30 of the *Interpretation Act 1987* (NSW) on the application of the repealed provision and the interpretation of "penal servitude" as "imprisonment" under section 580F(3) of the *Crimes Act 1900* (NSW) as it stood at the relevant time.

The Court reasoned that section 30 of the *Interpretation Act 1987* (NSW) preserved the operation of repealed provisions in certain circumstances, including for the purpose of continuing any investigation or legal proceeding. The Court further held that the offence under the repealed section 81 of the *Crimes Act 1900* (NSW), when interpreted with "penal servitude" taken to mean "imprisonment" under section 580F(3), was a serious indictable offence. Consequently, section 316 of the *Crimes Act 1900* (NSW), which applies to serious indictable offences, was capable of applying to the appellant's alleged failure to disclose information concerning the repealed offence, even though the disclosure occurred many years after the repeal of section 81.

The appeal was dismissed.