A de facto relationship between an offender and the mother of a child is insufficient to establish the step-father/step-daughter relationship required by s 73 of the Crimes Act 1900 (NSW). Marriage between the offender and the mother is necessary. A guilty plea to s 73 is not available where the offender was only in a de facto relationship with the mother at the time of the offence. The question whether a common law marriage would suffice was expressly left open.
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