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Lecture

Week 8 - Visual Recording & Observing Offences

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Department
Law
Course
JSB171
Professor
All Professors
Semester
Spring

Description
Recording and Observing Offences: Offence 1: s227A(1) – Observation/Recording in Breach of Privacy WRITE: S227A (1) makes it a misdemeanor punishable by 2 years imprisonment, to observe or visually record another person, in circumstances where a reasonable adult would expect to be afforded privacy, in a private place or engaging in a private act, without consent. N.B. All below definitions in s207A 1. Observes OR Visually Records another person: Observes: observing by any means, including through a person’s own eyes, binoculars, magnifying glass, telescope etc. Visually Records: recording through moving or still images, including digital cameras, mobile phone cameras, and video cameras. 2. In circumstances where a reasonable adult would expect to be afford privacy: WRITE: This element is yet to be judicially reviewed, but involves asking what a reasonable adult would expect. 3. In a PRIVATE PLACE, or engaging in a PRIVATE ACT and the observation or visual recording is made for the purpose of observing or visually recording a private act: Private Place: place where a person engages in a private act. e.g. bathroom, toilet, bedroom, communal change room, clothing store. Private Act: includes showering, bathing, using a toilet, another activity involving a state of undress, or intimate sexual activity that is not ordinarily done in public. State of Undress: includes only wearing underwear. 4. Without Consent: Consent is not defined for the purposes of this offence, instead consent should be used as it is in assault; as such it may be express, implied or tacit: Kimmorley v Atherton. Offence 2: s227A(2) – Observation/Recording Genital/Anal Region WRITE: S227A (2) makes it a misdemeanor punishable by 2 years imprisonment, to observe or visually record the genital or anal region of another person, without consent. N.B. All below definitions in s207A 1. Observes or visually records another person’s genital or anal region: Observes: observing by any means, including through a person’s own eyes, binoculars, magnifying glass, telescope etc. Visually Records: recording through moving or still images, including digital cameras, mobile phone cameras, and video cameras. N.B. Offence created in order to prevent ‘up-skirt’ filming, even in a public place. 2. In circumstances where a reasonable adult would expect to be afforded privacy in relation to that region: WRITE: This element is yet to be judicially reviewed, but involves asking what a reasonable adult would expect. 3. Observati
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