A CLOWN who assaulted children by luring them with magic has been cleared to practice tricks again..
From the Melbourne Herald Sun..
Owen Daniel (not his real name) interfered with 12 boys and girls over a 21-year period, plying some with alcohol and pornography before sexually abusing them.
In one set of circumstances in 2005 Daniel performed magic tricks to four girls, pulling his pants down during the game and encouraging the girls to do the same.
The predatory illusionist is now allowed to practise magic again after a condition on his supervision order banning him from performing his hobby on his own was scrapped.
It follows a bizarre Supreme Court tussle that devoted a large amount of time debating the “inherently ambiguous” meaning of “magic”.
In a Court of Appeal decision published this month, Justice Phillip Priest said the definition of a magic trick was “far from clear”.
“Does pulling a rabbit from a hat qualify?” Justice Priest questioned in his judgment.
Paul Holdenson, QC, for the Secretary to the Department of Justice, argued magic “involves the deception of the observer” and simply shuffling cards didn’t qualify.
The court heard that discouraging Daniel from practising magic could discourage him reoffending.
“For the appellant to continue to build a lifestyle around that activity, so it was submitted, reinforced the very behaviours in which the appellant had engaged when he offended,” Justice Priest said.
Lawyers acting for Daniel said restricting him from the hobby in private was “manifestly unreasonable”.