Full Court Minute Books

Case C20/2013

Gillard v. The Queen

Case No.


Case Information

Lower Court Judgment

18/04/2013 Supreme Court of the Australian Capital Territory (Court of Appeal) (Refshauge J, Penfold J, North J)

[2013] ACTCA 17


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.

Short Particulars


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)