Defence counsel is not obliged to put to a complainant a version of events from the accused's police record of interview that counsel does not intend to rely upon; a trial judge's direction requiring counsel to do so is erroneous. Where an accused suffers from a psychiatric condition affecting cognitive functioning, the trial judge must direct the jury on the relevance of that condition to the assessment of whether the accused's mistaken belief as to consent was reasonable under s 24 of the Criminal Code 1899 (Qld), and must relate the law to the specific facts and psychiatric evidence. A summing up that states the law in the abstract without relating it to the evidence of the particular case is deficient.
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