Filming Persons Private Parts – s 91L Crimes Act 1900
It’s an offence to film another person’s ‘private parts’ where:
- You did it to obtain sexual gratification or arousal, or you did it to enable another person to obtain this gratification or arousal, and
- A reasonable person would expect the person’s private parts could not be filmed, and
- Without that person’s consent to being filmed, and
- You knew that the person did not consent to being filmed
- In the case where this offence involved ‘circumstances of aggravation’, these circumstances existed
Our Sydney criminal defence lawyers are highly experienced and well versed in the law with an un-matched track record of exceptional results for their clients faced with these charges. They can provide you with realistic and accurate advice on your options as leading experts in these charges.
Your Options in Court
PLEADING NOT GUILTY
Our senior criminal defence lawyers will guide you with your best possible defences available. Their main focus is on fighting hard on getting your charges dropped early, and they have done this on countless occasions by working around the clock negotiating with the police.
Defences to this charge
You will be found NOT GUILTY to this charge if:
- You did not Film the alleged victim’s private parts, or
- You did not do the filming for your own sexual arousal or gratification, or for another person’s, or
- The filming was not done in circumstances where a reasonable person would reasonably expect his or her private parts could not be filmed, or
- It was done with the alleged victim’s consent to being filmed for your own sexual arousal or gratification or to enable another person to obtain that arousal or gratification, or
- You did not know that the alleged victim did not consent to being filmed for your own sexual arousal or gratification or to enable another person to obtain that arousal or gratification.
You will also be found NOT GUILTY where:
- You did it under duress or necessity
- In the case where the charge is in ‘circumstances of aggravation’, the alleged victim was not under 16 years of age, and you did not construct or adapt the fabric of a building to facilitate the filming
An expert specialist criminal lawyer will guide you with your realistic options and best possible path to take. Speak to a specialist before making a decision on pleading guilty. If you do decide to plead guilty, our highly experienced lawyers will guide you at every step of the way with a focus on preparing your case to maximise your chances at getting the best possible result.
25% discount on punishment
You will receive a discount of up to 25% off the punishment if you enter the plea of guilty at an early stage.
Our specialist defence lawyers appear regularly in court for these charges. They are leading experts in the field and able to provide quick, realistic and accurate advice on the good and bad things of your case so you can make a decision if it is worth your while to consider pleading guilty.
Negotiate to drop charges
Your charges always have potential to being dropped or downgraded to a less serious one resulting in a more lenient punishment by the Judge.
Our team of defence experts focus on getting this done at an early stage of the case by analysing the police evidence, and then developing a plan for your case and strategy of approaching police to maximise your chances at achieving this much like we have done for our clients over the years.
Negotiate with police
Our expert lawyers have countless times successfully negotiated their clients’ charges and the police facts to make them both far more favourable to their clients. The result is a far lesser serious punishment by the Judge.
A better set of facts read by the Judge putting you in a better light, and reflecting the truth of what happened will result in a more lenient punishment.
Good character references
Our team will dedicate their experience and expert knowledge, as leaders in the profession, at guiding you in preparing exceptional character references to hand to the Judge. Before being handed to the Judge, our experts will review each character reference to ensure that it perfectly addresses everything that it should so that the Judge will have a true picture of who you really are. The effect of a powerful character reference can better your chances at getting a great result.
Expert psychologist reports
Having a well prepared psychologist report will generally lead to maximising your chances at getting the best possible result in court with a more lenient punishment for the following reasons:
- Only a psychologist can diagnose you if you were or are suffering a mental illness. If so, this will be expressed in the report leading to a far more lenient punishment.
- A psychologist report is a great way at expressing your remorse, contrition and insight which is what the court needs to see for it to give you more leniency in punishment.
- Most psychologist reports come with a treatment plan. This demonstrates your prospects of rehabilitation, something the court will be able to use to further lighten your punishment.
- The reports will provide at least an explanation, not a justification for your offence. This can go a long way in allowing the court to understand your version of what happened.
It’s important that the report is obtained from a highly respected and experienced psychologist who has drafted thousands of reports in the past to ensure you get the best possible report to favour your case. Our team have a handful picked of specialist psychologists considered the leaders in their fields and well respected by the Judges.
The maximum punishment for this offence is up to 2 years imprisonment or $11,000 or both. The Judges don’t normally give the maximum punishment. The maximum is usually reserved for the very serious offenders with a long history of similar offences in the past.
The aggravated version of this offence has a maximum punishment of up to 5 years imprisonment. Again, the maximum is rarely given.
Types of penalties
The kind of punishment the court decides to give you depends on the above factors discussed. But there are many kinds of punishment the Judge can give you which include:
- Section 10 Dismissal
- Conditional Release Order
- Community Correction Order
- Intensive Correction Order
- Full Time Imprisonment
We have obtained a record high number of section 10’s for serious offences like this with a proven success record. This is driven by our highly specialised team’s dedication and determination on fighting around the clock on working to maximise your chances at getting the best possible result.
What is the meaning of “private parts”?
‘Private parts’ means a person’s genital, or anal area.
What is the meaning of “circumstances of aggravation”?
‘Circumstances of aggravation’ means:
- Where the person filmed was a child under 16 years of age, or
- Where you changed the fabric of a building to assist you committing this offence