Where the evidentiary foundation for a defence of honest and reasonable mistake as to consent under s 24 of the Criminal Code (WA) is the same factual issue that is determinative of the logically anterior question of whether the complainant consented, and the jury is directed to acquit if not satisfied beyond reasonable doubt on that factual issue, a separate direction on s 24 is unnecessary. The sentencing range for digital penetration without consent in Western Australia is 8 months to 3 years' imprisonment, depending on the circumstances.
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