Rodway v The Queen

The High Court of Australia considered an appeal by the applicant, Rodway, against his conviction for the offence of unlawful sexual intercourse with a girl under the age of 16. The dispute centred on the interpretation and application of the defence of reasonable belief as to the age of the complainant under section 48 of the *Crimes Act 1900* (NSW).

The primary legal issue before the Court was whether the defence of reasonable belief under section 48 required the accused to prove that he had taken positive steps to ascertain the complainant's age, or whether it was sufficient for him to establish that he genuinely believed she was over the age of 16, even if that belief was not based on any specific inquiry. The Court also considered the evidentiary burden of proof in relation to this defence.

The Court held that section 48 of the *Crimes Act 1900* (NSW) does not impose an onus on the accused to prove that he took positive steps to ascertain the complainant's age. Rather, the defence is established if the accused proves, on the balance of probabilities, that he genuinely believed the complainant was over the age of 16. This belief must be reasonable in the circumstances, but reasonableness does not necessitate a specific inquiry. The Court emphasised that the ultimate question is whether the accused’s belief was honestly held and, viewed objectively, was reasonable in the circumstances in which he found himself.

The appeal was dismissed, with the Court finding that the trial judge had correctly directed the jury on the issue of reasonable belief.