Trial judges in Queensland must direct on the defence of honest and reasonable mistake of fact under s 24 of the Criminal Code where the evidence raises that defence, even where defence counsel does not seek such a direction. Judges must be particularly astute to whether s 24 is raised in sexual offence cases where the complainant was intoxicated or asleep at the time of the alleged assault. A summing up that fails to instruct on the meaning of consent under s 348, fails to correctly define carnal knowledge under s 6, and fails to fairly summarise the defence case will constitute a miscarriage of justice.
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