Killara Man Charged for Sexual Act For Alleged Daylight Nudie-Run On NSW Beach

 

It is reported that at about 10:45am on Saturday, police received multiple complaints about a man walking naked on Jimmys Beach at Hawks Nest, north of Port Stephens in the Hunter Region of NSW.

A 51-year-old man from Killara has been charged with committing a sexual act and indecent exposure as a result.

Police allege that the Killara man, while naked, was walking up to other patrons on the beach before committing sexual acts right in-front of them.

When he was approached by police, a blanket was placed over him before he was arrested. He was then taken to the Raymond Terrace police station.

Police also managed to find the man’s belongings which were located on the beach. Some of the items found allegedly included Viagra, MDMA and LSD prohibited drugs.

He was taken to the Newcastle Local Court for bail application.

A sexual act charge is the new legal phrase used for indecent assault. It is conduct considered by a reasonable person to be sexual in nature. When a Magistrate or Judge decides whether the alleged conduct is sexual, he/she can consider factors such as:

  • Circumstances of the act
  • Nature of the conduct that would cause it to be sexual
  • If there was any sexual gratification involved
  • The part of body used.

Defences to a sexual act offence may include, involuntary acts due to a medical condition; conduct was done for purposes of genuine medical or hygienic reason(s); the act was something commonly accepted by society in everyday life; necessity or duress; or if there was a genuine (and reasonable) belief by the accused person that the other person was consenting to the alleged act.

What are the penalties for committing a sexual act offence in NSW? A convicted offender for sexual act offence(s) will be precluded from an Intensive Correction Order penalty/sentence if the victim was less than the age of 16 at the time.

Section 61KE of the Crimes Act 1900 (NSW) prescribes a maximum penalty of up to $5,500 fine or 18-months in jail, or both. This penalty rises to a up to two years in jail if the victim was aged between 10 and 15 pursuant to section 66DD Crimes Act 1900 (NSW). The penalty further rises to up to 7-years in jail if the victim was aged 10 or less.

How does the police prove a sexual act charge in court? This can be proven if the police prove each essential element of the charge with sufficient evidence beyond reasonable doubt.

The essential elements of the charge of sexual touching include, the intention to commit the act towards the alleged victim; absence of consent from the alleged victim; the alleged offender’s awareness as to the absence of such consent; and that a reasonable person would assess the alleged sexual act as sexual.

Have a question? Get in touch with our Sydney team of criminal defence lawyers to book a free initial consult today.

About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

Related articles

See all articles

Is Euthanasia Legal in Australia?

Criminal Defence Lawyers Australia 29th November 2023

What is the Youth Koori Court?

Poppy Morandin 29th November 2023

What is a Mandatory Disease Testing Order?

Poppy Morandin 27th November 2023

Sextortion in Australia

Poppy Morandin 22nd November 2023

FEATURED ON:

  What Our Clients Say

I was represented by Emerson Lamarre from CDLA for driving offences and possession of weapon charges which he got all chargers dropped for me. I could not have asked for… (read full review) By B.F. from Sydney on 22/11/2023
I am incredibly grateful to Alex and Emerson, who provided exceptional representation in my recent court case. Their extensive expertise and strategic approach gave me the best result in court.… (read full review) By J.C. from Sydney on 27/11/2023
Ibrahim and Emerson were amazing as my lawyers for court. They were professional, knowledgeable, and provided excellent support throughout my whole case. They went above and beyond to make sure… (read full review) By E.A. from Sydney on 24/11/2023
Nothing but 5 star service and professionalism from Sean of CDLA. He is empathetic and sincere and experienced in the criminal justice system. My case was won all because of… (read full review) By M.A. from Sydney on 24/11/2023
I hired Emerson from Criminal Defence Lawyers Australia for my case. I am satisfied with the decision and now I am free from the criminal record. Thank you for your… (read full review) By Y.K. from Sydney on 23/10/2023

Free Conference Booking Form

Follow Us