A verbal affirmation accompanied by a physical gesture (pointing between legs) in response to a social worker's question is sufficient to constitute an initial complaint under s 34M of the Evidence Act 1929 (SA), even where the complainant does not give evidence of the complaint at trial. The sentencing standard of approximately 12 years for maintaining an unlawful sexual relationship with a child under s 50 of the Criminal Law Consolidation Act 1935 (SA) must be applied unless explanation is given for departure, and a starting point of seven years without explanation constitutes manifest inadequacy.
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