R v Chiro

In *R v Chiro*, the Court of Criminal Appeal of South Australia considered an appeal against conviction for the offence of maintaining an unlawful sexual relationship with a child. The appellant, Chiro, had been found guilty by a jury of this offence.

The central legal issue before the Court was whether the trial judge had erred in law by failing to direct the jury adequately on the element of "knowledge" required for the offence. Specifically, the Court had to determine what the prosecution was required to prove regarding the appellant's awareness of the child's age and the unlawful nature of the relationship.

The Court reasoned that the offence of maintaining an unlawful sexual relationship with a child requires proof that the accused knew the person was under the age of 16 years and knew that the relationship was unlawful. This knowledge could be established by direct evidence or inferred from the circumstances. The Court found that the trial judge's directions to the jury on this element were insufficient, as they did not clearly articulate the necessary mental state. Consequently, the conviction was quashed, and a retrial was ordered.