The expression 'care, supervision or authority' in s 48(1) of the Crimes Act 1958 (Vic) is not to be construed solely by reference to the categories in s 48(4); the broader approach of Winneke P in Howes applies, looking to whether the accused was in a position to exploit or take advantage of influence growing out of the relationship. A combination of circumstances including household authority, age disparity, and the complainant's dependence on the accused's approval may be sufficient to go to a jury on the element of authority, even where the accused does not fall within any s 48(4) category. The test for a permanent stay as foredoomed to fail is more onerous than a no-case submission — it must be plain beyond argument that the prosecution suffers from an incurable vice.
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