R v SLJ

In the matter of the Crown versus SLJ, the appellant was convicted of maintaining a sexual relationship with a child under 16 years of age, contrary to section 47A of the Crimes Act 1958 (Vic). The case was heard in the Court of Appeal, Victoria. The appellant sought to appeal the conviction on the basis of the sufficiency of evidence provided at trial, specifically whether the evidence was sufficient to identify three distinct occasions on which the offence was committed.

The legal issues the court was required to decide related to the interpretation of section 47A and the requirement of proof of three occasions. The appellant argued that the trial judge had erred by directing the jury that evidence of a course of conduct could suffice in lieu of identifying three separate occasions. The court had to determine whether the evidence provided was sufficient to identify the occasions with specificity and whether the trial judge's direction to the jury was correct.

The court found that the trial judge had erred in directing the jury that evidence of a course of conduct could suffice in the absence of identifying three separate occasions. The court held that the generality of the complainant's evidence did not allow for the occasions to be identified with the required specificity. The Crown conceded that this was an error; however, the court found that the proviso in section 47A(4) did not apply as the error was not a mere irregularity. The appeal was allowed, the conviction was quashed, and a retrial was ordered.

The court emphasised that for a conviction under section 47A, the prosecution must prove that the accused maintained a sexual relationship with a child under 16 years of age on three occasions. The court held that the evidence in this case was not sufficient to identify the occasions with the required specificity, and as such, the conviction could not stand. The court ordered a retrial to provide an opportunity for the prosecution to provide sufficient evidence to identify the occasions with the required specificity.