Vallance v The Queen

The case of *Vallance v The Queen* concerned an appeal to the High Court of Australia following a conviction for the offence of unlawful carnal knowledge. The appellant, Vallance, had been found guilty of having carnal knowledge of a girl under the age of 16 years, contrary to section 128 of the *Criminal Code* of Queensland. The prosecution's case was that the appellant had engaged in sexual intercourse with the complainant, who was 15 years old at the time.

The central legal issue before the High Court was whether the trial judge had erred in law by directing the jury that they could convict the appellant of unlawful carnal knowledge even if they found that the complainant had consented to the sexual intercourse. The appellant argued that the offence required proof that the carnal knowledge was against the complainant's will, or at least that her consent was vitiated by some factor such as fraud or duress.

The High Court, by majority, held that the offence of unlawful carnal knowledge under section 128 of the *Criminal Code* did not require proof that the act was against the will of the girl. The Court reasoned that the section created an offence based on the age of the girl, irrespective of her consent. The purpose of the legislation was to protect young girls from sexual intercourse, and the law deemed them incapable of giving valid consent to such an act. Therefore, the jury's direction was correct, and the appeal was dismissed.