Australia, Jan. 17 -- New South Wales Land and Environment Court issued text of the following judgement Dec. 19:

1. THE COURT: On 12 February 2024, this Court decided that the Indictment charging Ms Lam with 16 offences contrary to s 81 of the Crimes Act 1900 (NSW), which has since been repealed, ought be quashed.

2. The Court, which then comprised Meagher JA, Garling and Weinstein JJ, set out its reasons for that decision in Lam v R [2024] NSWCCA 6 ("the first judgment").

3. The formal orders which the Court made were as follows:

"1. Grant leave to the applicant Ms Lam under s 5F(3)(a) of the Criminal Appeal Act 1912 (NSW) to appeal from the orders made by Girdham SC DCJ on 18 July 2023.

2. Allow the applicant's appeal filed on 20 July 2023 and set aside the orders of Girdham SC DCJ made on 18 July 2023:

(a) Refusing to uphold the applicant's demurrer;

(b) Refusing to quash the Indictment dated 1 June 2023; and

(c) Refusing to order a permanent stay of the proceedings.

3) Order that the applicant's demurrer dated 12 July 2023 be upheld on the basis that the accused is a female and s 81 of the Crimes Act 1900 (NSW) was applicable only to conduct constituting an 'indecent assault' committed by a male upon a male.

4) Quash the Indictment dated 1 June 2023."

4. Meagher JA, at [2], noted the following:

"It is important to record that I do so solely because, properly construed, s 81 of the Crimes Act 1900, a provision enacted in 1900, based on English legislation from 1861, and which was repealed and replaced in 1984, does not apply and has never applied to conduct committed by a female upon a male. Section 81 was relevantly directed to the crime of sodomy upon a male and other male homosexual conduct."

Application for Costs Certificate

5. By Notice of Motion dated 2 July 2024, Ms Lam ("the applicant") applies for the grant of a Certificate pursuant to the Costs in Criminal Cases Act 1967 ("the Act").

6. Since the first judgment was delivered, Meagher JA has retired as a Judge. This Motion is being considered and determined by a reconstituted Bench consisting of the Chief Judge at Common Law and by the remaining members of the original Bench of the Court, Garling and Weinstein JJ.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/193b28abe08e792f78532fee)

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