CTM v The Queen

Criminal law – Sexual intercourse with child aged between 14 and 16 years - Whether common law ground of exculpation of honest and reasonable mistake of fact applies to offence under s 66C(3) of the Crimes Act 1900 (NSW) - Whether accused entitled to place reliance on honest and reasonable mistake of fact where conduct the subject of charge is denied.

Criminal law – Onus and standard of proof - Whether accused obliged to establish honest and reasonable mistake of fact - Whether accused obliged to "enliven" issue of honest and reasonable mistake of fact - Whether accused obliged to adduce evidence in support of contention of honest and reasonable mistake of fact - Whether there was sufficient evidential foundation for contention of honest and reasonable mistake of fact - Whether issue of honest and reasonable mistake of fact sufficiently raised at trial - Whether trial judge obliged to direct jury on issue of honest and reasonable mistake of fact - Adequacy of trial judge's directions to jury.

Criminal law – Appeal - Application of "proviso" - Whether there occurred substantial miscarriage of justice - Whether appellate court able to conclude that no substantial miscarriage of justice occurred where misdirection on onus and standard of proof is demonstrated.

Words and phrases – "defence", "honest and reasonable mistake of fact", "substantial miscarriage of justice".

Crimes Act 1900 (NSW) – ss 66C(3), 66E(1A), 77.

Criminal Appeal Act 1912 (NSW) – s 6(1).