Where an application for leave to appeal against conviction is brought on all counts and some convictions are quashed while others are upheld, the pre-conditions of s 569(1) of the Crimes Act 1958 (Vic) are satisfied and the Court of Appeal has power to pass substitute sentences on the remaining counts, including increased sentences. A misdirection that evidence of uncharged sexual acts against one complainant may be used to establish a sexual relationship between the accused and a different complainant will occasion a miscarriage of justice requiring convictions concerning the second complainant to be quashed. Dates alleged in sexual offence counts are not essential elements of the offence at common law.
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