Gillard v The Queen [2014] HCA 16

Gillard v The Queen [2014] HCA 16

Recklessness as to the risk that consent was occasioned by abuse of a position of authority under Crimes Act 1900 (ACT) s 67(1)(h) does not establish the mental element required for sexual offences under ss 54(1) and 60(1); the jury was misdirected in permitting conviction on this basis.

Parties
Appellant: Michael Alan Gillard; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
14 May 2014
Procedural Posture
Criminal Appeal / Appeal From the Court of Appeal, Supreme Court of the Australian Capital Territory
Outcome
Appeal allowed
Legal Topics
Sexual Offences, Appeal Against Conviction, Consent, Mental Element (mens Rea), Statutory Interpretation
Criminal Law Sexual Offences Appeal Against Conviction Consent Mental Element (mens Rea) Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Michael Alan Gillard

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From the Court of Appeal, Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Whether jury misdirected on mental element of offences where consent negated by statute
  2. 2 Whether recklessness as to Crimes Act 1900 (ACT) s 67(1) circumstance is sufficient to establish mental element of offence
  3. 3 Whether prosecution must prove accused had knowledge that consent was caused by abuse of authority per Crimes Act 1900 (ACT) s 67(1)(h)

Ratio Decidendi

Recklessness as to the risk that consent was occasioned by abuse of a position of authority under Crimes Act 1900 (ACT) s 67(1)(h) does not establish the mental element required for sexual offences under ss 54(1) and 60(1); the jury was misdirected in permitting conviction on this basis.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Set aside the order of the Court of Appeal of the Supreme Court of the Australian Capital Territory made on 18 April 2013.