The defence of mistake of fact under s 24 of the Criminal Code (Qld) is not enlivened where the accused's case is a complete denial of sexual contact and the complainant was unconscious at the time intercourse commenced. A trial judge is not required to direct on mistake of fact in such circumstances, even where the jury might theoretically construct a 'mid-range position' between the parties' accounts. Where the prosecution does not rely on an accused's lies to found a submission of consciousness of guilt, an Edwards direction is unnecessary and undesirable.
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