Statutory Interpretation & The Ordinary Criminal
by Lizzie McLaughlin
This article is a summary of the High Court decision of Gillard v The Queen  HCA 16; 219 CLR 1 which discussed the mens rea to be established by the Crown in a sexual assault matter where consent was alleged to have been negated by virtue of the accused’s position of authority.
This case (and the paper) identifies how the basic principles of statutory interpretation and fundamental concepts relating to mens rea in relation to sexual assault matters (think R v Morgan  AC 182 from your university lectures) need to be kept in mind at all times.
Download the paper here: