Recent Cases

Commissioner of Police, NSW Police Force v TM [2023] NSWCA 75 (24 April 2023) (Ward P, Kirk JA and Simpson AJA)


Catchwords:


CRIME – appeal and review – juvenile offender convicted of three counts of possession of child abuse material under Crimes Act 1900 (NSW) s 91H(2) – whether offender a “registrable person” under s 3A of the Child Protection (Offenders Registration) Act 2000 (NSW) – whether exception under s 3A(2)(c)(ii) applies – meaning of “arising from the same incident” – interaction of s 3(3) and s 3A(5) – whether possession of child abuse material is an offence “committed against” a person – primary judge erred in “disapplying” s 3(3) to s 3A(5)

STATUTORY INTERPRETATION – departure from literal meaning by primary judge – inadvertence by legislature – desire to avoid “incoherent results” – that a provision has unfair results an insufficient justification for entirely refusing to apply statutory text – limited qualification on operation of provision sufficient to avoid incoherence

STATUTORY INTERPRETATION – amendment and repeal – references to amended or repealed statute – Interpretation Act 1987 (NSW) s 68 – reference in earlier version of Child Protection (Offenders Registration) Act 2000 (NSW) s 3A(2)(c)(ii) to Crimes Act 1900 (NSW) s 578B – Crimes Act s 91H and s 578B (repealed) are corresponding provisions for the purposes of Interpretation Act s 68(3)