The defence of mistake of fact as to consent under s 24 of the Criminal Code (Qld) does not arise where the complainant's consistent evidence is of repeated verbal and physical resistance, and the defence case is that the acts did not occur rather than that they occurred under a mistaken belief of consent. Character evidence has limited value in sexual offence trials where the defence case concedes sexual pursuit of the complainant. A motive to lie direction need not extend to unknown possible motives.
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