R v Miller [2001] NSWCCA 209

R v Miller [2001] NSWCCA 209

For the purposes of s 73 of the Crimes Act 1900 (NSW), a 'step-father' is a man who is married to the mother of the child; a de facto relationship is insufficient to create the step-father and step-daughter relationship required by the section.

Jurisdiction
Australia
Judgment Date
24 May 2001
Procedural Posture
Criminal Appeal / Court of Criminal Appeal; Appeal Under S 5 F(3) of the Criminal Appeal Act 1912 (nsw) From District Court Interlocutory Ruling
Outcome
Appeal dismissed
Legal Topics
['carnal Knowledge' 'statutory Interpretation' 'meaning of Step Father and Step Daughter' 'position of Authority and Control']
['criminal Law'] ['carnal Knowledge' 'statutory Interpretation' 'meaning of Step Father and Step Daughter' 'position of Authority and Control']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal; Appeal Under S 5 F(3) of the Criminal Appeal Act 1912 (nsw) From District Court Interlocutory Ruling

Legal Issues

  1. 1 ['Whether the relationship of step-father and step-daughter under s 73 of the Crimes Act 1900 (NSW) requires marriage between the offender and the mother of the child, or whether a de facto relationship or position of authority and control is sufficient.']

Ratio Decidendi

For the purposes of s 73 of the Crimes Act 1900 (NSW), a 'step-father' is a man who is married to the mother of the child; a de facto relationship is insufficient to create the step-father and step-daughter relationship required by the section.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']