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Defendant taxi driver found guilty by jury of three counts of sexual assault and one count of rape committed against wheelchair-bound complainant; sentenced to six years' imprisonment for rape together with lesser concurrent sentences
Appeal Determined (QCA)
[2005] QCA 306
23 Aug 2005
Defendant appealed against conviction and applied for leave to appeal against sentence; whether complainant's evidence of consensual kiss raised mistake of fact defence in circumstances where defendant denied any sexual contact; whether trial judge erred in not directing jury about mistake of fact defence; whether sentence manifestly excessive; held mistake of fact defence not available, appeal dismissed and application refused: M McMurdo P and Williams JA (Jerrard JA dissenting in part)
Appeal Status
Appeal Determined (QCA)
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