Intoxication

This past case involved an allegation of sexual penetration of a child under 16. The Appellant had claimed at trial that it had never occurred, but there was also evidence of substantial intoxication. The appeal against conviction was successful – the court found that the trial Judge had failed to direct the jury adequately in relation to the legal elements of the intoxication defence.

See http://www.austlii.edu.au/au/cases/vic/VSCA/2008/282.html.

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