The offence of sexual penetration of a child under 16 is not an alternative verdict to rape under s 421(2) of the Crimes Act 1958 (Vic), requiring the Crown to file a separate presentment. However, filing over a new presentment after a special hearing does not cause a miscarriage of justice where the new counts arise from the same facts and the defence case remains substantially the same. Evidence of hiding a mobile phone immediately after being told of arrest for sexual offences is not 'intractably neutral' consciousness of guilt evidence where the Crown case is that the phone was used to groom the complainant.
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