Gillard v The Queen

[2014] HCA 16
Judgment date
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.

Files
16.rtf (178.6 KB)
16.pdf (90.19 KB)