High Court of Australia

Gillard v The Queen [2014] HCA 16

88 ALJR 606; 308 ALR 190

14 May 2014

Case Number: C20/2013

Before

French CJ, Crennan, Bell, Gageler, Keane JJ

Catchwords

Criminal law – Appeal – Appeal against conviction – Sexual offences – Sexual intercourse without consent – Act of indecency without consent – Whether jury misdirected on mental element of offences – Whether jury misdirected on mental element of offences where statute negates consent.

Statutes – Interpretation – Whether prosecution must prove accused had knowledge that consent was caused by Crimes Act 1900 (ACT) s 67(1) circumstance – Whether recklessness as to Crimes Act 1900 (ACT) s 67(1) circumstance sufficient to establish mental element of offence.

Words and phrases – "consent", "recklessness".

Crimes Act 1900 (ACT) – ss 54, 60, 67.
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