Where an accused's defence to sexual penetration charges is a complete denial that the charged acts occurred (rather than asserting consent), the trial judge is not required to direct the jury on the defence of consent, even if the accused's evidence of consensual intercourse on other occasions is broadly analogous to some of the charged counts. The fact that an offender absconded during a first trial, necessitating a second trial, is an aggravating circumstance at sentencing as it causes unnecessary continuation of the complainant's ordeal.
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