Dansie v The Queen

In *Dansie v The Queen*, the High Court of Australia considered an appeal from a conviction for a sexual offence. The appellant, Dansie, had been found guilty by a jury and subsequently appealed to the Court of Criminal Appeal of South Australia, which dismissed his appeal. The High Court then granted special leave to 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 appeal also raised questions concerning the proper application of the *Criminal Law Consolidation Act 1935* (SA) and the common law principles governing the defence of honest and reasonable belief in consent.

The High Court held that the trial judge's directions to the jury on the issue of consent were insufficient. Their Honours explained that a direction on the defence of honest and reasonable belief in consent must clearly convey to the jury that they must acquit the accused if they are satisfied that the accused honestly believed the complainant consented, even if that belief was unreasonable. However, the reasonableness of the belief is a relevant factor for the jury to consider when assessing whether the belief was honestly held. The Court emphasised that the ultimate question for the jury is whether the accused genuinely believed that the complainant consented, and the reasonableness of that belief is evidence going to the honesty of the belief.

The High Court allowed the appeal, quashed the conviction, and remitted the matter to the Court of Criminal Appeal of South Australia for a re-hearing.