Chandler v Director of Public Prosecutions

Chandler was the applicant in proceedings before the High Court of Australia, seeking to appeal against a decision of the Supreme Court of Queensland. The dispute concerned the applicant's conviction for the offence of unlawful sexual intercourse with a girl under the age of 16, contrary to s 211 of the *Criminal Code* (Qld). The applicant contended that the trial judge had erred in law by failing to direct the jury that the prosecution bore the onus of proving beyond reasonable doubt that the applicant did not hold a genuine belief that the complainant was over the age of 16.

The central legal issue before the High Court was whether the *Criminal Code* (Qld) imposed an onus on the prosecution to disprove a genuine belief by the accused that the complainant was over the age of 16, or whether the onus lay on the accused to establish such a belief as a defence. This question turned on the interpretation of s 211 of the *Criminal Code*, specifically whether the element of "unlawfully" in the offence required the prosecution to prove the absence of a genuine belief on the part of the accused regarding the complainant's age.

The High Court, by majority, held that the prosecution bore the onus of proving beyond reasonable doubt that the applicant did not hold a genuine belief that the complainant was over the age of 16. Gaudron and Kirby JJ reasoned that the word "unlawfully" in s 211 qualified the entire act of sexual intercourse, including the mental element of the accused. They concluded that a genuine belief in the complainant's age, even if mistaken, negated the unlawfulness of the act. McHugh J, dissenting, held that the offence was one of strict liability regarding the age of the complainant, and that the onus was on the applicant to establish a genuine belief.

The appeal was allowed, the conviction was quashed, and a new trial was ordered.