When assessing whether an act incited under s 61N(1) of the Crimes Act 1900 (NSW) is an 'act of indecency', the trier of fact must consider the act prospectively in its surrounding circumstances — including the accused's intention, the terms of the request, and the ages and social roles of the parties — and is not required to assess the act in isolation. The principle from R v McIntosh applies equally whether the charge is incitement to an act of indecency 'with' or 'towards' the accused, and regardless of whether the parties were in physical proximity.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
7 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.