Dawson v The King

In *Dawson v The King*, the appellant, Dawson, was convicted of a sexual offence against his step-daughter. The dispute concerned the interpretation of the term "step-daughter" as used in the relevant legislation, specifically section 73 of the *Crimes Act 1900* (NSW), as amended by the *Crimes (Amendment) Act 1924* (NSW). The case was heard by the Supreme Court of New South Wales.

The central legal issue before the Court was whether the appellant's step-daughter, who was the illegitimate daughter of his wife, fell within the definition of "step-daughter" for the purposes of the sexual offence provisions under the *Crimes Act*. The Crown contended that the relationship established by marriage was sufficient to create the step-parent/step-child relationship, irrespective of the child's legitimacy.

The Court considered the common law meaning of "step-child" and the legislative intent behind the *Crimes Act*. It was held that the term "step-daughter" in section 73 of the *Crimes Act* encompassed the illegitimate daughter of the accused's wife. The Court reasoned that the legal relationship of step-parent and step-child is created by the marriage of one of the natural parents to another person, and this relationship is not dependent on the legitimacy of the child. Therefore, the appellant stood in the position of a step-father to the complainant.

The Court dismissed the appeal, upholding the conviction.