The offence under s 63B(3)(b) of the Criminal Law Consolidation Act 1935 (SA) requires proof that the offender intended to make the child amenable to sexual activity whilst still a child under the prescribed age; an intention to make the child amenable to sexual activity after reaching adulthood is insufficient. Prosecutors charging sexual communication offences should frame the alleged intention by reference to sexual activity occurring while the complainant remains under the prescribed age. A single communication made with an intention to make a child amenable to multiple sexual activities constitutes a single offence and is not duplicitous.
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