Chris Dawson loses appeal over conviction for unlawful sexual activity with a student
Former Sydney teacher Chris Dawson has lost his appeal against a conviction for unlawful sexual activity with a student in the 1980s.
Dawson was handed a jail sentence of three years for the crime of carnal knowledge, but is also serving a much lengthier sentence of 24 years for murdering his first wife, Lynette Simms, who vanished in 1982.
The Court of Criminal Appeal on Friday dismissed his appeal in a majority 2-1 decision.
Dawson was found guilty by a NSW District Court judge who said he used a degree of manipulation and exploitation to breach the trust of the girl, who was known by the pseudonym AB.
The now-76-year-old did not dispute that there was sexual activity, but did dispute the timing and claimed she had already turned 17 when their relationship became intimate.
The critical issue was whether the sexual activity occurred while the girl was in one of Dawson's classes.
The District Court trial heard evidence of the pair first kissing in Dawson's car when she was 16 in 1980 and she told the court that within weeks, there was sexual activity.
Judge Sarah Huggett said a card he sent AB in early 1981 — in which he called her the "most beautiful girl in the world" — represented "powerful evidence" sexual activity had already occurred.
The appeal was heard by Justices Kristina Stern, Peter Hamill and Sarah McNaughton.
Justice Hamill dissented in part and reached a different conclusion on an appeal ground that the verdict was unreasonable.
He said he was not satisfied beyond reasonable doubt that sexual activity occurred before December 1980.
Justice Hamill said he would have quashed the conviction and entered a verdict of not guilty.
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