IN THE HIGH COURT OF AUSTRALIA rd REASONS FOR JUDGMENT Oral Judgment delivered at. ¥ 2229 .---21--eceeee-eneeeeeeeneeeeee Thursday 2nd September 1971 (29 ROBERT ALLAN BOURKE THE QUEEN B co Es] Special leave refused. TUDGNENT (QRAL) ROBERT ALLAN BOURKE BARWICK C.J. ROBERT ALLAN BOURKE ve In my opinion this is not a case for special leave. Apart from a very substantial lapse of time since the judgment of the Court of Criminal Appeal, the matter in the judgment of that Court of which the applicant complains is, in my opinion, upon its proper analysis, particular to the facts and circumstances of this case and is not a matter calling for this Court's further consideration of that aspect of the judgment of the Court of Criminal Appeal. In rejecting the application, however, I would not wish to be taken to agree with all that the Court of Criminal' Appeal has said in point of general principle as to the ingredients of the crime of rape; but this is not in my opinion a case in \ which the propriety of those views should be examined. I would refuse special leave to appeal. eg IUDGNENT (ORAL) ROBERT ALLAN BOURKE ve McTIERNAN J. "ft leave. OBERT ALLAN BO' "THE QUEEN I agree that this is not a case for special JUDGMENT MENZIES J. CORAL) BOURKE ve THE QUEEN I agree. ay ROBERT ALLAN BOURKE Ve JUDGMENT : WINDEYER J. (ORAL) ~ ROBERT ALLAN BOURKE ve THE QUEEN I agree. * JUDGMENT (ORAL) { ROBERT ALLAN BOURKE Ve THE QUEEN OWEN J. ROBERT ALLAN BOURKE Ve THE QUEEN I agree.