Regina v Flaherty and Others: 1968

Asprey J considered the mistakae as to the woman’s consent as a defence to a charge of rape: ‘a long line of authority establishes, at any rate so far as I am concerned, that the defence of mistake requires that the accused holds both an honest and reasonable belief in the existence of a state of facts which, if true, would make the act charged innocent.’


Asprey J


(1968) 89 WN (Pt 1) (NSW) 141

Cited by:

CitedRegina v Morgan HL 30-Apr-1975
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented.
Held: For a defence of mistake to succeed, the mistake must have been honestly made and need . .
Lists of cited by and citing cases may be incomplete.

Crime, Commonwealth

Updated: 17 May 2022; Ref: scu.258682