DLS Portal Maintenance Outage September 2025

The DLS Portal will be offline for maintenance and upgrades from 6.00pm (AEST) Friday, 12 September 2025 to 8.00am (AEST) Monday, 15 September 2025.

PGA v The Queen

[2012] HCA 21
Judgment date
Case number
A15/2011
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Criminal law – Rape - Husband's immunity from prosecution for rape of wife - Presumption of consent to intercourse by wife in marriage - Appellant charged in 2010 with two counts of rape contrary to s 48 of Criminal Law Consolidation Act 1935 (SA) - Alleged rapes committed in 1963 against then spouse - Legislative amendments enabled institution of proceedings despite lapse of time - Elements of offence of rape in 1963 supplied by common law - Whether in 1963 common law of Australia presumed consent by wife in marriage.

Precedent – Judicial method - Development of common law - Whether presumption of consent by wife in marriage was part of common law of Australia - Whether statement of common law in R v L (1991) 174 CLR 379 applied to events alleged to have occurred in 1963.

Words and phrases – "common law", "marital exemption", "marital immunity", "presumption of consent", "rape", "retrospective application".

Criminal Law Consolidation Act 1935 (SA) – s 48.

Matrimonial Causes Act 1857 (UK) (20 & 21 Vict c 85).

Files
21.rtf (1.03 MB)
21.pdf (459.3 KB)