The defence of honest and reasonable mistake of fact as to consent under s 24 Criminal Code (Qld) need not be left to the jury where the complainant's evidence is that she was saying 'no' and crying, and the accused's account to police is that no sexual contact occurred at all — there is no evidential basis for the defence in such circumstances. Further evidence going only to credit, including evidence of a complainant's alcohol use, mental health issues, and personal injuries claim, will not satisfy the test for admission on appeal where the complainant was already thoroughly cross-examined on credit at trial.
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