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Date of conviction after trial before Muir DCJ and jury of using electronic communication with intent to procure person believed to be under 16 to engage in sexual act; charge constituted by accused’s communications with police officer who, through personal advertisement posted on Craigslist, posed as mother of fictitious 14yo girl; accused’s conduct admitted at trial, where only issue was proof of relevant intent; trial judge refused no-case submission.
Appeal Determined (QCA)
[2021] QCA 1 (2021) 7 QR 140; (2021) 287 A Crim R 483
19 Jan 2021
Appeal against conviction, contending that conduct insufficient to amount to ‘intent to procure’, dismissed; no warrant for going beyond words of definition of ‘procure’ in Code s 218A(10) and construing term as including requirement of positive rather than passive action or that child not prepared to engage in activity voluntarily or spontaneously; no error in trial judge’s ruling on no-case submission; jury’s verdict not unreasonable: Morrison JA, Boddice J, Henry J.
Appeal Status
Appeal Determined (QCA)
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