Federal Court of Australia
CATCHWORDS
CRIMINAL LAW - Sexual Offence ~ Adequacy of direction as to
consent - Reckless indifference of accused as to consent.
R. v. Crabbe (1985) 58 A.L.R. 417
R. v. Daly (19687 V.L.R. 257
WILLIAM MARK ELPHICK V. THE QUEEN A.C.T. NO.G82 OF 1985
CORAM: NORTHROP , SHEPPARD and SPENDER JJ. DATE : 19 MARCH 1986 PLACE: CANBERRA
IN_THE FEDERAL COURT OF AUSTRALTA )
AUSTRALIAN CAPITAL TERRITORY )
DISTRICT REGISTRY ) A.C.T.No. G82 of 1985 )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN : WILLIAM MARK ELPHICK
Appellant AND: THE QUEEN Respondent MINUTE OF ORDER CORAM: NORTHROP, SHEPPARD and SPENDER JJ. DATE OF ORDER:19 MARCH 1986 WHERE MADE: CANBERRA THE COURT ORDERS THAT: The appeal be dismissed. NOTE: Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) AUSTRALIAN CAPITAL TERRITORY ) ) )
DISTRICT REGISTRY GENERAL DIVISION
A.C.T.No. G82 of 1985
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL
TERRITORY BETWEEN: WILLIAM MARK ELPHICK Appellant AND: THE QUEEN Respondent
CORAM: NORTHROP, SHEPPARD and SPENDER JJ.
DATE : 19 MARCH 1986. PLACE: CANBERRA
REASONS F'OR JUDGMENT
NORTHROP J.:
I would ask Mr. Justice Spender to express his opinion
first.
SPENDER J.: William Mark Elphick was found guilty by a jury in the Supreme Court of the Australian Capital Territory of two
offences. The first was that on 18 November 1984, he indecently
assaulted Elizabeth Margaret McGhee. The second was that on that
day he assaulted her and caused her actual bodily harm.
On the first charge, he was liable to imprisonment for three years and in respect of the conviction for assault eccasioning actual bodily harm, the term of imprisonment to which
he was exposed was five years.
He appeals against both conviction and sentence.
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