The Queensland Court of Appeal held that the trial judge's failure to direct the jury on the alternative verdict of robbery simpliciter under s 409 of the Criminal Code did not occasion a miscarriage of justice, as the alternative verdict did not fairly arise on the whole of the evidence — the case being one where actual personal violence was either established or the offence was not made out at all. The Court distinguished Rehavi, confirming that the test for when a trial judge must direct on alternative verdicts is whether the alternative fairly arises for consideration on the whole of the evidence, not merely whether it is theoretically available. The Court also upheld the trial judge's refusal to permit cross-examination of the complainant under s 4 of the Criminal Law (Sexual Offences) Act 1978, as the proposed questioning went to credit only and not to a fact in issue.
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