A misstatement of evidence in a summing-up on the defence of mistake of fact under s 24 of the Criminal Code (Qld) does not constitute a misdirection where the misstatement is corrected by subsequent redirections and the jury is ultimately directed on the correct question. Where the factual issue relevant to excluding the s 24 defence is in substance the same as the principal factual issue (here, whether the driver kept a proper lookout), there may arguably be no error in not directing on s 24 at all.
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