A [name withheld]-type misdirection on mens rea for rape (directing the jury to consider awareness of possible non-consent even after accepting belief in consent) does not constitute a wrong decision on a question of law or occasion a miscarriage of justice where the direction was irrelevant to the case as conducted — specifically, where the case turned on a stark credibility contest and the guilty verdict demonstrated the jury accepted the complainant's evidence, leaving no basis for the jury to have found the accused believed the complainant was consenting. The median sentencing statistic is of limited assistance where it includes guilty pleas and offenders without prior convictions.
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