Hilliard v The King

The appeal concerned the convictions of the appellant, Ethan Sean Hilliard, for offences including rape. The prosecution's case was that the appellant sexually assaulted the complainant, who was 18 years old, at her unit in Elizabeth North on 16 July 2020, following an 18th birthday party. The complainant and other attendees had consumed significant amounts of alcohol during the evening. The complainant alleged that she woke to find the appellant having sexual intercourse with her without her consent, and that she repeatedly said "no" while he continued. The appellant was convicted on two counts, but the appeal court allowed the appeal and ordered a new trial on one count.

The legal issues before the court included whether the directions given to the jury regarding the elements of the offence and the complainant's consent amounted to a miscarriage of justice. The court also considered the power to amend the information and order a new trial. The appeal was allowed, and the convictions on Counts 2 and 3 were quashed. The information was amended to reflect a single count of rape, with specific particulars relating to the alleged sexual intercourse without consent, and the appellant was to face a new trial on this amended count.