In assault cases involving family relationships, the prosecution must prove beyond reasonable doubt that the physical contact was not an ordinary incident of social intercourse, that the complainant did not consent (including the possibility of implied general consent), and that the accused did not believe the contact was consented to. The jury must be directed on each of these matters. For kidnapping/detaining offences under the former s 90A, 'intent to hold' requires an intention to hold the victim irrespective of the victim's willingness or consent.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.