R v CB [2022] NSWDC 223

R v CB [2022] NSWDC 223

Section 66EA of the Crimes Act 1900 (NSW) should be construed according to its language as requiring a relationship in which an adult engages in two or more unlawful sexual acts with or towards a child, not necessarily an ongoing sexual relationship marked by continuity and habituality. Because s 66EA(2) refers to a 'relationship' rather than a 'sexual relationship', the South Australian construction of the identical provision is preferred and the Crown's proposed Queensland construction is rejected.

Jurisdiction
Australia
Judgment Date
15 March 2022
Procedural Posture
Criminal / Ruling During Trial on the Elements of Count 1 of the Indictment
Outcome
The Court preferred the South Australian construction of s 50 of the Criminal Law Consolidation Act 1935 (SA), in identical terms to s 66EA of the Crimes Act 1900 (NSW), and rejected the Crown's contention that the Queensland construction should be preferred.
Legal Topics
['child Sex Offences' 'persistent Sexual Abuse of a Child' 'statutory Construction' 'elements of Offence Under S 66 EA of the Crimes Act 1900 (nsw)']
['criminal Law'] ['child Sex Offences' 'persistent Sexual Abuse of a Child' 'statutory Construction' 'elements of Offence Under S 66 EA of the Crimes Act 1900 (nsw)']

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Procedural Posture

Criminal / Ruling During Trial on the Elements of Count 1 of the Indictment

Legal Issues

  1. 1 ['Whether an offence under s 66EA of the Crimes Act 1900 (NSW) requires proof that the accused maintained an ongoing sexual relationship with the child marked by continuity and habituality, or whether it is sufficient that an adult maintained a relationship in which two or more unlawful sexual acts occurred.' 'Whether the South Australian construction of the equivalent provision or the Queensland construction of a similar provision should be preferred for s 66EA of the Crimes Act 1900 (NSW).']

Ratio Decidendi

Section 66EA of the Crimes Act 1900 (NSW) should be construed according to its language as requiring a relationship in which an adult engages in two or more unlawful sexual acts with or towards a child, not necessarily an ongoing sexual relationship marked by continuity and habituality. Because s 66EA(2) refers to a 'relationship' rather than a 'sexual relationship', the South Australian construction of the identical provision is preferred and the Crown's proposed Queensland construction is rejected.

Court Disposition

The Court preferred the South Australian construction of s 50 of the Criminal Law Consolidation Act 1935 (SA), in identical terms to s 66EA of the Crimes Act 1900 (NSW), and rejected the Crown's contention that the Queensland construction should be preferred.

Orders

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