The offences under s 63B(3)(a) and (b) of the Criminal Law Consolidation Act 1935 (SA) (as in force in 2009) do not require proof that the communication was made to an actual child; the word 'child' in those provisions relates only to the accused's intention, not to the identity of the recipient. An undercover police officer posing as a child online is capable of being a person 'apparently under the age of 16 years' for the purposes of the definition of 'child' in s 62. 'Special reasons' under s 352(1)(c)(i) require something out of the ordinary course justifying fragmentation of the trial.
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