Rape and indecent assault

This past case involved an appeal against conviction by a person convicted of rape and indecent assault. It was argued that the learned Trial Judge had misdirected the jury as to the applicable law in relation to an honest and reasonable mistake of fact which, if true, would make the act innocent. A second ground of appeal related to the use that the jury could make of lies alleged to have been told by the Applicant. The “lie,” however, was the denial of the Crown case.

See http://www.austlii.edu.au/au/cases/wa/WASCA/2006/229.html.

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