Ajs v The Queen

The appeal concerned the conviction of Ajs for the offence of rape. The appellant, Ajs, was convicted in the District Court of New South Wales on 10 March 2004, and subsequently appealed to the Court of Criminal Appeal of New South Wales. The High Court of Australia granted special leave to appeal from the decision of the Court of Criminal Appeal.

The central legal issue before the High Court was whether the trial judge had erred in law by failing to direct the jury adequately on the issue of consent, specifically in relation to the appellant's belief that the complainant had consented. The appellant argued that the jury should have been instructed that if they found the appellant genuinely believed the complainant had consented, even if that belief was unreasonable, they should acquit him.

Callinan and Heydon JJ, in their joint judgment, affirmed the established legal principle that a belief in consent must be both honest and reasonable to constitute a defence to a charge of rape. Their Honours referred to previous High Court authority, which held that an honest but unreasonable belief in consent does not negate the necessary *mens rea* for the offence. The court reasoned that the law requires an objective element of reasonableness in assessing a belief in consent, preventing a defence based on a wholly unfounded or irrational perception. The appeal was therefore dismissed.