O'Connor v The QUEEN

The case of *O'Connor v The Queen* concerned an appeal against a conviction for sexual assault. The appellant, O'Connor, was convicted in the District Court of South Australia of one count of aggravated sexual assault. The complainant alleged that the appellant had sexually assaulted her in her home.

The central legal issue before the Full Court of the Supreme Court of South Australia was whether the trial judge had erred in directing the jury regarding the issue of consent. Specifically, the appeal questioned whether the jury had been adequately instructed on the appellant's belief as to the complainant's consent, and whether that belief was reasonable in the circumstances.

The Full Court considered the relevant provisions of the *Criminal Law Consolidation Act 1935* (SA) concerning sexual offences and the definition of consent. The Court analysed the evidence presented at trial and the judge's summing up, determining that the direction given to the jury on the issue of reasonable belief in consent was sufficient and did not misstate the law. The principles applied focused on the objective reasonableness of the accused's belief, assessed in light of all the circumstances, including the accused's subjective belief.

The appeal was dismissed, and the conviction was affirmed.