R v Douglas [2026] NSWCCA 145

R v Douglas [2026] NSWCCA 145 concerns the Commonwealth Director of Public Prosecutions’ interlocutory appeal in proceedings for attempted child sexual activity offences. The children’s actual ages could not be proved, and the prosecution had disavowed any need to prove either actual age or Douglas’s intention concerning age. The Court held that the trial judge correctly required proof of actual age on the case presented. Although an intention-based case could in principle support liability for an impossible attempt, the Director could not rely on appeal on an argument expressly rejected below. The appeal was competent under s 5F(2) but was unanimously dismissed.