2 days ago
Chris Dawson loses bid to quash carnal knowledge conviction over unlawful sexual relationship with teen in the ‘80s
Convicted wife killer Chris Dawson has lost his bid to quash a conviction over his unlawful sexual relationship with a teenage schoolgirl in the 1980s.
Dawson was in 2023 found guilty of carnal knowledge of a girl, who can only be known as AB, when she was just 16 years old in 1980.
He was sentenced to three years in prison with a two year non-parole period after Judge Sarah Huggett found him guilty of one count of carnal knowledge following a two-week District Court trial.
Dawson launched an appeal against the conviction, with the primary argument being reasonable doubt about the timing of the first sexual encounter between Dawson and AB.
Dawson's barrister, Stephen Rodgers SC, in March told the Court of Criminal Appeal there was doubt about whether it had taken place before December 1980, as AB was in Year 11 up until that month.
AB said the first sexual intercourse occurred when she was 16 during the trial, however Dawson claimed the girl was 17.
'The central issue at the trial and on this appeal relates to timing – there was no dispute that sexual intercourse did ultimately take place between the appellant and the complainant, but the question was whether the prosecution proved whether it occurred prior to December 1980,' Mr Odgers told the court in March.
Mr Odgers submitted there was a period in 1980 when Dawson engaged in 'romantic behaviour' with AB, including 'saying things indicating love, standing close'.
'There's a difference between being romantic and engaging in sexual intercourse and particularly when the sexual intercourse constitutes a serious offence,' Mr Odgers said.
Mr Odgers in March put to the CCA there was doubt over whether the first sexual encounter occurred before the charged indictment period, citing doubt about when driving lessons occurred between Dawson and AB, which is where the 'first kiss' or sexual encounter took place.
Crown prosecutor Helen Roberts SC said it was 'not necessary' for the Crown to establish whether AB did or did not hold a learner's permit at the time of the first sexual encounter.
Justices Kristina Stern and Sarah McNaughton moved to dismiss the appeal on Friday, despite Justice Peter Hamill dissenting.
The court was told Justice Hamill was to allow the appeal to quash the conviction and enter a not guilty verdict, with the judgement stating he was not satisfied beyond a reasonable doubt that the first sexual intercourse took place before December 1980.
However, the decisions of Justices Stern and McNaughton were upheld.
Mr Odgers had earlier raised questions in March over whether AB had attended fitness classes - led by Dawson and his brother - in 1980 or 1981, as AB testified the first sexual intercourse took place after she'd begun fitness classes with Dawson.
He said there was a 'reasonable possibility' AB was mistaken and didn't attend the classes in 1980, which he argued would make the sexual intercourse having occurred in 1980 'inconsistent'.
However, Ms Roberts said even if AB had only attended in 1981, this didn't 'necessarily give rise to reasonable doubt' as the agreed facts of the trial stated Dawson and his brother ran the classes in both years.
She told the court there was only one 'really important' question, being whether the evidence as a whole was sufficient, credible and reliable to satisfy that the first act of sexual intercourse took place before December 1980.
She said the trial had found AB to be a 'truthful witness' noting the passage of time, although some aspects were unreliable.
Dawson was previously convicted of the murder of his wife, Lynette Simms, and was given a 24-year jail sentence with an 18-year non-parole period.
While he unsuccessfully appealed the decision in the CCAl last year, Dawson's legal team filed an application for special leave to appeal to the High Court in February.
The fresh application asks for the High Court to quash his conviction and order a fresh trial.
