A trial judge is not required to give a separate direction that intoxication is relevant to the honesty of a mistaken belief in consent where the real issue at trial is the reasonableness of the belief. Whether a direction on the use of evidence of a complainant's distressed condition is required depends on the extent to which the prosecution relies upon that evidence; where the prosecution does not rely on it, no such direction is necessary.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.