Where the evidence at trial presents a stark contrast between express consent and express refusal of consent, with no middle ground, there is no evidentiary basis for leaving the s 24 Criminal Code (WA) defence of honest and reasonable but mistaken belief in consent to the jury. Contextual factors such as the complainant inviting the accused home or smoking cannabis together do not, without more, provide an evidentiary basis for the reasonableness element of the defence.
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