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Date of conviction, upon being found guilty by jury, of one count of rape. In issue at trial was consent. The Crown alleged that sex occurred while the complainant was unconscious. The accused gave an account of consensual intercourse. Other witnesses testified that the complainant walked up the front steps of the accused's home. The complainant admitted that she had consumed a large quantity of alcohol.
Appeal Determined (QCA)
[2006] QCA 375
29 Sep 2006
Orders made; appeal against conviction allowed, conviction set aside, retrial ordered; reasons to be published later: Jerrard and Keane JJA and Jones J.
Appeal Determined (QCA)
[2006] QCA 397
13 Oct 2006
Reasons for orders pronounced in [2006] QCA 375; the evidence at trial raised for the jury's consideration the issue of impairment of cognitive capacity to consent by reason of intoxication and whether the accused was mistaken in respect thereof; the trial judge erred in failing to direct the jury accordingly; the conviction could not be sustained by application of the proviso: Jerrard and Keane JJA and Jones J.
Appeal Status
Appeal Determined (QCA)
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