Sokvari v The Queen

The High Court of Australia heard an appeal in *Sokvari v The Queen*, brought by the applicant, Sokvari, against the respondent, the Crown. The dispute concerned the applicant's conviction for the offence of unlawful sexual intercourse with a girl under the age of 16. The applicant had been found guilty by a jury and his conviction was affirmed by the Full Court of the Supreme Court of South Australia.

The central legal issue before the High Court was whether the trial judge had erred in law by failing to direct the jury that the prosecution bore the onus of proving beyond reasonable doubt that the applicant did not believe, on reasonable grounds, that the girl was 16 years or older. This question arose in the context of the applicant's defence, which relied on a mistaken belief as to the girl's age.

The High Court, comprising Brennan CJ, Dawson and Toohey JJ, held that the trial judge had indeed erred. Their Honours reasoned that the offence charged required the prosecution to prove, beyond reasonable doubt, not only the sexual intercourse but also that the applicant did not hold a reasonable belief as to the girl's age. The onus of proving this negative, that the belief was not held or was not reasonable, rested with the prosecution. The failure to so direct the jury meant that the conviction could not stand.

Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.