The defence of honest and reasonable mistake of fact under s 24(1) of the Criminal Code 1899 (Qld) will not be raised by evidence of overfamiliar conduct and ambiguous responses by a complainant where the complainant repeatedly rebuffed the accused's advances and, immediately before the offence, physically rejected the accused's touching. Evidence of friendly communications and social familiarity between the parties is insufficient to found a reasonable belief in consent to intimate physical contact of a different character.
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