Chris Dawson appeals conviction over sexual relationship with then-schoolgirl
The convicted wife killer has launched an appeal to overturn a conviction over the unlawful carnal knowledge of a schoolgirl he went on to marry.
Convicted wife killer Chris Dawson has launched an appeal to overturn a conviction over the unlawful carnal knowledge of a then-schoolgirl, arguing that the verdict of guilty was “unreasonable” and the trial judge mistakenly relied solely on the woman’s account about when the sexual activity occurred.
Dawson, who is serving 24 years for the murder of his first wife, Lyn Simms, appeared via his solicitor in the Court of Criminal Appeal on Thursday after he was sentenced last year to a further three years in prison for grooming and engaging in unlawful sexual acts with the 16-year-old at a Sydney high school in 1980.
Public defender Claire Wasley said during the trial that Dawson, 75, contended he did not have sex with the student, who can be known only as AB, until after she turned 17, when it was no longer an offence under laws of the time.
District Court judge Sarah Huggett, in a judge-alone trial, accepted the testimony of AB that she was “groomed” by Dawson in the playground before they first engaged in sexual activity in his parents’ Maroubra home in the latter half of 1980.
Justice Huggett subsequently found Dawson guilty of engaging in sexual acts with AB when she was in his year 11 PE class. As a result of the conviction, the former teacher and professional footballer with the Newtown Jets rugby league team had one year added on to his earliest possible release date of August 2041.
A document released by the courts on Thursday outlined four grounds of appeal, including that “the trial judge erred in failing to take into account evidence relevant to the issue of the date the sexual intercourse occurred (other than with respect to the credibility of the complainant)”.
Dawson will also argue that Justice Huggett did not properly apply the burden of proof, which is the obligation of the prosecution, not the accused, to prove beyond reasonable doubt that each element of the offence happened.
He also says Justice Huggett made an error when she relied on defence counsel’s questions to the prosecution’s witnesses in cross-examination, and that the verdict of guilty was “unreasonable”.
Dawson’s lawyer, Julian Stevens, confirmed in court the appeal was related to overturning the conviction, not the sentence.
“This is an appeal but the sentence itself is following on from the existing lengthy sentence,” Registrar George Galanis said.
Dawson lost an appeal against his murder conviction in June.
“This is a conviction appeal but the sentence is really no issue,” Mr Stevens replied.
Sydney barrister Stephen Odgers SC is briefed in the matter, and a two-hour hearing was set for March 31, 2025.
NSW Police Strike Force Southwood was set up to investigate allegations on The Australian’s podcast The Teacher’s Pet of inappropriate teacher-student relationships on Sydney’s northern beaches in the 1970s and 80s.