A trial judge is not required to direct on mistaken belief as to consent in a rape case where there is no evidentiary basis for such a defence, even where the jury asks questions touching on mens rea. The Pemble obligation to leave alternative defences to the jury is confined to 'real issues' that plainly arise from the evidence, as distinct from remote or artificial possibilities. A McKinney warning is not required for admissions made outside police custody that are not vulnerable to fabrication and are corroborated.
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