Gillard v The Queen

HIGH COURT OF AUSTRALIAFRENCH CJ,CRENNAN, BELL, GAGELER AND KEANE JJMICHAEL ALAN GILLARD  APPELLANTANDTHE QUEEN  RESPONDENTGillard v The Queen[2014] HCA 1614 May 2014C20/2013ORDER1.Appeal allowed.2.Set aside the order of the Court of Appeal of the Supreme Court of the Australian Capital Territory made on 18 April 2013 and, in its place, order that:(a)       the appeal be allowed in part;(b)the appellant's convictions on counts 13, 14, 16 and 18 of the indictment be quashed; and(c) a new trial on counts 13, 14, 16 and 18 be had.On appeal from the Supreme Court of the Australian Capital TerritoryRepresentationT A Game SC with J L Roy for the appellant (instructed by Kamy Saeedi Lawyers)H J Dhanji SC with M A Jones for the respondent (instructed by Director of Public Prosecutions (ACT))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGillard v The QueenCriminal 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.FRENCH CJ, CRENNAN, BELL, GAGELER...