A Liberato direction — that even if the jury does not positively believe the defence evidence, they cannot find against the accused if that evidence gives rise to a reasonable doubt — is not required as a matter of law in Western Australia, though it is desirable as a matter of prudence. The need for such a direction depends on the individual circumstances of each case. Where a sexual assault conviction rests entirely on the uncorroborated evidence of a complainant whose evidence is affected by numerous prior inconsistent statements, absence of corroborating physical evidence, and unexplained post-incident conduct, there is a significant possibility of wrongful conviction warranting the verdict being set aside.
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