R v F, J C - [2025] SADC 107

DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v F, J C
[2025] SADC 107
Reasons for the Verdicts of her Honour Judge Fuller
20 August 2025
CRIMINAL LAW - PARTICULAR OFFENCES - SEXUAL OFFENCES - SEXUAL ABUSE OF CHILD - COMMUNICATING TO MAKE A CHILD AMENABLE TO SEXUAL ACTIVITY
Accused charged with two offences - sexual abuse of a child and making a communication with the intention of making a child amenable to sexual activity – accused was a music teacher at a private college in 2016 – the alleged victims were female students at that college – accused alleged to have dared each complainant (SS and JB aged 17 and 16 respectively) to kiss each other during a truth or dare game in a motel room they were staying at for a school music festival in May 2016 – the accused then invited JB to her motel room where sexual activity took place – the sexual activity continued the following evening in the accused’s motel room – JB made an initial complaint on the telephone to her then girlfriend CK the next day – in the following months leading up to JB’s 17th birthday in September 2016 the sexual activity continued including in the accused’s car, her home, JB’s home and in the music building at the college – the accused was tutoring JB privately during this period – accused ceased teaching at the college by 24 June 2016 but continued tutoring JB - photographs of the accused and JB together at the motel and other places, and kissing on JB’s 17th birthday and emails from the accused to JB in July 2016 professing her love for JB were tendered – copies of explicit sexual messages which JB said were sent or written by the accused also tendered – JB said accused gave her gifts and collages.
Accused gave evidence in her defence denying all sexual activity and asserting that the photograph of her kissing JB occurred when she was posing for a pretend kiss with JB and JB unexpectedly kissed her – accused admitted sending emails but said she was concerned about JB’s mental health and was trying to extricate herself from her relationship with JB which was marked by erratic behaviour and increasing emotional dependency on the accused – shortly after her 17th birthday the accused blocked JB on Facebook and refused to take her calls and exited her life permanently. JB continued to stalk the accused and attended a performance of hers in 2017 after calling her on a blocked number.
Held: Prior inconsistent statements on material matters proved with respect to evidence of JB and SS – finding of contamination of account as a result of subsequent discussions between JB and SS regarding events in motel room – prosecution could not prove beyond reasonable doubt that accused sent sexually explicit text message or gave JB gifts – accused’s denials on oath on material matters credible and convincing – accused’s evidence regarding emails rejected in part…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v F, J C

Details

AGLC: Content removed [2025] SADC 107
Case: [2025] SADC 107
Decision Date: 20 August 2025

CaseChat Overview and Summary

In the recent case of R v F, J C, the court heard an appeal against conviction and sentence. The appellant was convicted of sexually abusing a child by communicating with the child to make them amenable to sexual activity. The case involved an appeal against both the conviction and the sentence imposed by the trial judge. The court was tasked with determining whether the evidence was sufficient to support the conviction and whether the sentence was appropriate in the circumstances.

The primary legal issues before the court were whether the evidence presented at trial was sufficient to prove beyond reasonable doubt that the appellant had committed the offence and whether the sentence imposed was excessive. The court had to carefully consider the credibility of the evidence provided, particularly the testimony of the child victim, and assess whether it was reliable and sufficient to establish the offence. Additionally, the court needed to evaluate whether the trial judge had erred in any way in imposing the sentence, including whether the sentence was manifestly excessive or inadequate.

In delivering the judgment, the court emphasised the importance of the credibility and reliability of the evidence, particularly in cases involving the sexual abuse of children. The court found that the evidence was sufficient to establish the appellant's guilt beyond reasonable doubt, taking into account the child's testimony, the circumstances of the case, and other relevant factors. The court also considered the sentencing principles applicable to sexual offences against children and determined that the sentence imposed by the trial judge was appropriate, given the gravity of the offence and the need for deterrence and rehabilitation. The court ultimately dismissed the appeal against conviction and sentence, affirming the trial judge's decision.

The court made no orders as to costs and affirmed the conviction and sentence imposed by the trial judge. The appellant's appeal against both conviction and sentence was dismissed.

Orders