Supreme Court rules child sex abuse laws invalid — opening way to lesser sentences for paedophiles

Laws ensuring paedophiles convicted of child sexual abuse are sentenced for their most heinous acts have been thrown out by the state’s highest court — prompting an urgent review of the judgment by the Attorney-General.

Attorney-General Vickie Chapman said she was reviewing the judgment as a priority.

LAWS ensuring paedophiles convicted of child sexual abuse are sentenced for their most heinous acts have been thrown out by the state’s highest court.

The Court of Criminal Appeal on Wednesday ruled that amendments to the charge of persistent child exploitation made by the former Labor government were invalid and an “impermissible intrusion” on the integrity of the court.

Attorney-General Vickie Chapman told The Advertiser she was reviewing the judgment as a priority.

The decision means that former Christian Brothers College teacher and child sex offender Stephen John Hamra will be sentenced only on the least serious abuse he was accused of perpetrating against his victims.

Stephen John Hamra

The laws, which were introduced to Parliament in October 2017 by then attorney-general John Rau to tighten up a loop hole in the Criminal Law Consolidation Act, were brought to light by the bombshell High Court judgment of former Norwood Morialta High School teacher Marco Chiro.

Chiro was initially sentenced to 10 years’ jail for persistent sexual exploitation of a female student but successfully appealed to the High Court.

It found the sentencing judge did not ask the jury which of the numerous allegations levelled against Chiro, which all fell under the one charge of persistent sexual exploitation of a child, had been proved.

The court found Chiro should have been sentenced on the most favourable basis and on the least of his crimes — that of kissing the girl.

Marco Chiro

He was resentenced to 3 ½ years’ jail.

Hamra launched a constitutional appeal against the new law, which was designed to ensure child sex offenders were not able to escape sentencing for their most heinous acts.

The Court of Criminal Appeal found that the law would undermine the legitimacy of the court and was unconstitutional.

Hamra will be sentenced for abusing two boys over the course of almost a decade.

Mr Rau said he did not believe the court battle was over and that an appeal to the High Court was a possibility.

“It was always my intention that offenders of this type should not be able to take advantage of the opportunity set up by Chiro,” Ms Rau said.

“I intended the legislation to deal with that matter.

“I expect the DPP will have a very careful look at this judgment and it may not be over yet.”