Save pages and articles you’re most interested in to read later on.
Sexual act for the production of child abuse material – child under 16 is an offence under section 66DF of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Sexual act’ is defined as:
Any act, other than sexual touching, carried out in circumstances where a reasonable person would consider it to be sexual.
Matters considered when deciding whether an act is sexual include:
Conduct which may amount to a sexual act includes:
An act is not sexual if carried out for a genuine medical or hygienic purpose.
‘Child abuse material’ is that which depicts or describes in a way that reasonable persons would regard as being offensive:
As a victim of torture, cruelty or physical abuse, or engaged in or apparently engaged in a sexual pose or sexual activity, or in the presence of another who is engaged in or apparently engaged in a sexual pose or sexual activity.
In determining whether material is offensive to a reasonable person, the following matters must be taken into account:
‘Private parts’ is defined as:
The genital or anal area, whether bare or covered by underwear, or the breasts of a female, or transgender or intersex person identifying as female, whether or not the breasts are developed.
Duress is a defence to the charge.
Salam Shammu represented me with a serious driving offence as a p plate driver. He…
Would highly recommend Salam Shammu. He was thorough in his approach to the case and…
Very professional, friendly and approachable. Tuan made me feel very comfortable from start to finish.
I was falsely accused of child assault. Tuan helped me through out the difficult process,…