Section 47(1) of the Crimes Act 1958 (Vic) creates a single offence; the words 'with or in the presence of' describe the range of conduct encompassed by the one offence. A charge alleging an indecent act 'with' a child is not bad where the conduct is properly characterised as 'in the presence of' the child, and a plea of guilty to such a charge is valid. The word 'with' requires actual physical contact with the victim, but this does not create a separate offence from conduct 'in the presence of' the child.
The full text is available to signed-in members, including the 54 later cases that cite this judgment.
7 of the 54 citing cases carry a classified treatment. How each court treated it is available to signed-in members.