Justice Michael Lee

Federal Court judge

“We have an excellent idea of the extent of Ms Higgins' drinking and, taking all the evidence together, by 2:20am or so, I am comfortably satisfied that Ms Higgins was a very drunk 24-year-old woman, and her cognitive abilities were significantly impacted.

I am also satisfied he was aware of her condition.

It is far more likely than not that sexual intercourse occurred towards the end of the period when both Mr Lehrmann and Ms Higgins were in the Minister's office and at around, or shortly after, the time Mr Lehrmann's girlfriend was trying to telephone him.

I have reached a state of actual persuasion on the balance of probabilities that Ms Higgins: (a) was not fully aware of her surroundings when sexual intercourse commenced; and (b) did not consent to intercourse when she became aware Mr Lehrmann was ‘on top of her.’

I am satisfied that it is more likely than not that Mr Lehrmann's state of mind was such that he was so intent upon gratification to be indifferent to Ms Higgins' consent, and hence went ahead with sexual intercourse without caring whether she consented.

I consider it more likely than not that in those early hours, after a long night of conviviality and drinking, and having successfully brought Ms Higgins back to a secluded place, Mr Lehrmann was hell-bent on having sex with a woman he: (a) found sexually attractive; (b) had been mutually passionately kissing and touching; (c) had encouraged to drink; and (d) knew had reduced inhibitions because she was very drunk. In his pursuit of gratification, he did not care one way or another whether Ms Higgins understood or agreed to what was going on.”