08-12-2003, 05:38 PM
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♦*♥Moderatrix♥*♦
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Join Date: Nov 2001
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Teacher's sex fantasies ruled as public
By Selma Milovanovic
In a Victorian legal first, a magistrate yesterday ruled that a former teacher's written sexual fantasies about his students constituted publication even though they were not made public.
Deputy Chief Magistrate Daniel Muling ruled that the material - describing sex acts involving children under 16 - constituted pornographic publication and ordered the man to stand trial.
Daryl Quick, 59, of O'Connors Road, Werribee South, reserved his plea on 47 counts, including knowingly possessing and making child pornography.
Mr Muling rejected a defence submission that for publication to have occurred, some of the material must have been made public.
Prosecutor Michael Tinney told the Melbourne Magistrates Court that over 30 years, Quick wrote his sexual fantasies involving some of his students. In July last year, the materials were seized from his house, car and a storage unit.
Mr Tinney said Quick also obtained some students' addresses and drove near their houses.
Defence lawyer Julie Sutherland said that Quick's fantasies, although pornographic, could not be classed as "publication" because he never intended "his private silly imaginings" written at home to become public.
"It is ludicrous to suggest and offensive to the rights of privacy and the rights of free speech that my client, by jotting down silly, albeit pornographic thought in exercise books for 30 years, has therefore possessed a publication," she said.
Quick will appear at the County Court in October for a case conference. His trial is listed for February 16. He is on bail on condition that he stay away from schools and other places frequented by children.
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