Departure from the Victorian Criminal Charge Book in directing a jury on the standard of proof does not of itself constitute error; repeated and emphatic direction that the Crown must prove each element beyond reasonable doubt is sufficient. Evidence of 'touching' a complainant's vagina, without more, is insufficient to sustain an inference of actual penetration for a charge of sexual penetration. A forensic choice at trial to admit complaint evidence to attack credibility precludes a challenge on appeal to the admission of that evidence.
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