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Case information
Lower Court Judgment
18/04/2013 Supreme Court of the Australian Capital Territory (Court of Appeal) (Refshauge J, Penfold J, North J)
Catchwords
Criminal law – Offences against the person – Sexual offences – Consent – Appellant convicted of sexual intercourse without consent contrary to s 60 of the Crimes Act 1900 (ACT) (“the Act”) – Absence of consent established through breach of trust per s 67(1)(h) of the Act – Whether, where absence of consent established through s 67(1)(h) mental element of offence is established through recklessness as to the circumstances – Whether knowledge required by operation of s 67(3) of the Act.
Documents
08/11/2013 Hearing (SLA, Sydney)
22/11/2013 Notice of appeal
13/12/2013 Written submissions (Appellant)
13/12/2013 Chronology (Appellant)
17/01/2014 Written submissions (Respondent)
31/01/2014 Reply
13/03/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
14/05/2014 Judgment (Judgment summary)