An indictment for an offence under s 105(2) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) that omits the element that publication be 'in a form accessible by a person in New South Wales' is not a nullity but a mere defect capable of amendment, and the offence is complete at the time of publication regardless of subsequent deletion of the material.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.