DPP v Scott [2004] VSC 129

Supreme Court of Victoria|2004-04-20|Before: Balmford J

For the reasons given, the appeal will be dismissed. Counsel may wish to make submissions as to costs.

[1] Unreported, decided on 5 August 1994

[2] Unreported decision of Smith J, decided on 14 July 1994

[4] unreported, decided on 17 February 1993, at 2

[12] a matter which Callaway JA did not find it necessary to consider in Coffey, see [2003] VSCA 155 at footnotes 11 and 24

Supreme Court (General Civil Procedure) Rules 1996

The natural meaning of section 47, reinforced by its evident purpose and the preamble to [the Crimes (Sexual Offences) Act 1980], which began these reforms, is that it creates a single, modern offence dealing with indecent acts involving children under the age of 16. It no more creates two offences than a statute which prohibits a disturbance "at or in the vicinity of" a railway station. That is borne out by Chernov JA's analysis in R v TSR [2002] VSCA 87; (2002) 5 VR 627 at [93] to [102]. It is confirmed by the decision of this Court in R v Alexander and McKenzie [2002] VSCA 183.

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