R v Cornwell

In *R v Cornwell*, the High Court of Australia considered an appeal by the Crown against a decision of the Queensland Court of Appeal. The central dispute concerned the interpretation and application of the *Criminal Code* (Qld) in relation to the offence of unlawful sexual intercourse with a girl under the age of 16. The specific issue on appeal was whether the defence of reasonable belief as to the girl's age was available to the accused in the circumstances of the case.

The High Court was required to determine whether the defence of reasonable belief under section 229(2) of the *Criminal Code* (Qld) was applicable to the offence of unlawful sexual intercourse with a girl under 16, where the prosecution had established that the accused had sexual intercourse with the girl. The court also had to consider the scope of the "reasonable belief" required for this defence to succeed.

Kirby J, in his judgment, analysed the legislative intent behind section 229(2) and the offence itself. His Honour emphasised that the purpose of the provision was to protect young girls from sexual exploitation, and that the defence of reasonable belief was intended to operate as a safeguard against an accused being convicted in circumstances where they genuinely and reasonably believed the complainant was of or above the age of consent. However, His Honour found that the evidence presented did not establish that the accused had formed a reasonable belief as to the girl's age, and therefore the defence was not available. The appeal was allowed, and the conviction was reinstated.