Former teacher guilty of sexual exploitation of student, Sonia Ruth Mackay, walks free after sentence overturned on appeal
A former teacher who has spent five months in jail for sexually exploiting a 17-year-old student has walked free after winning an appeal against her sentence.
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- Teacher jailed for persistent sexual exploitation of male student
- Schoolteacher Sonia Mackay groomed teenage boy for sex
A teacher jailed for the “manipulative and unforgivable” sexual exploitation of a 17-year-old student has walked from prison after a successful appeal against her sentence.
Sonia Ruth Mackay, 44, of Henley Beach was jailed in December for four years and five months with a non-parole period of two years and one month after pleading guilty to the persistent sexual exploitation of a child — a former student of hers whose name is suppressed.
She pursued the boy by email, text and Snapchat and abused the boy in her apartment, his home and public places.
After five months behind bars, Mackay walked free from court on Thursday when the Full Court of the Court of Criminal Appeal overturned the sentence and instead imposed a new head sentence of three years with a non-parole period of 16 months.
That sentence was suspended on condition she enter into a good-behaviour bond.
Mackay smiled and embraced supporters after the hearing and outside court was “very” relieved.
Justice David Peek warned Mackay that if she breached the bond she may be returned to prison.
“If you breach the conditions of the bond there is a monetary penalty stipulated in the nominal amount of $500 but that is the least important consequence,” he said.
“The most important consequence is that you will be liable to a term of imprisonment, to serve out the remainder of the sentence.
“You need to be very aware of that and make sure that you not do anything that … might bring that penalty down upon you.”
The former student had told the court Mackay had manipulated and groomed him, robbing him of two years of his life “so far”.
He said he felt forced to choose between his family and Mackay, because she had bought him expensive gifts and threatened self-harm if he left her.
He said peers had also accused him of being the rapist, rather than the victim.
Under state law, the age of sexual consent is 17 — but that age increases to 18 if one of the parties involved is in a position of authority such as a teacher.
Mackay had delivered a tearful apology in court, saying she was “deeply sorry” for her crimes and that “I know what I did was wrong”.
In sentencing in December, District Court Judge Liesel Chapman said the mother of two had breached trusts, destroyed families and ruined a young man’s life to satisfy her own sexual needs.
“You were overwhelmed by personal grief, sadness, confusion and feelings of inadequacy at the time, but your behaviour was manipulative and unforgivable,” Judge Chapman said.
“Your offence is simply too serious, and there is an important need for sentencing to deter others — I do not believe suspension would adequately reflect that requirement.”